Dayton v. Patton

Citations

• 80 Fla. 763
• 86 So. 702

Syllabus

<p>1. In a suit in equity to remove an alleged cloud from and quiet title to certain land where both, complainant and defendant claim title to the land in controversy from a common source, it is not incumbent upon complainant to trace his title further than to such common source of title.</p> <p>2. In proceedings to remove a cloud from and quiet title to certain land the complainant must show with clearness, accuracy and certainty the validity of his own title and the invalidity of the title of the opposing party.</p> <p>3. Where there is such an insufficiency of testimony as to preclude making a just decree, and the points are covered by the pleadings, and are such that there can be no doubt that testimony exists as to them, the cause will be remanded with directions to take further testimony on such points.</p>