Downing v. Carlton

Citations

• 76 Fla. 490
• 80 So. 57

Syllabus

<p>1. The right of possession attaches to the legal title, and where a perfect title is set out in the bill it is -not necessary to allege the right of immediate possession.</p> <p>2. Where a bill alleges that a tax deed is of record and although null and void, it casts a cloud upon the title of the complainant, it is sufficient to show that respondent has a title on record that is a cloud on the complainant’s title and it is not necessary to allege that the title is “fair upon its face.”</p> <p>3. It is the settled law of this Court that, in passing upon a demurrer which is addressed to the entire bill, only such grounds of the demurrer as are applicable to the whole bill are property before the Court for consideration. A demurrer which is addressed' to the entire bill must be treated as a general demurrer, and should be overruled if there is any equity in the allegations of the bill, even though there are grounds of the demurrer which might prevail if the same were incorporated in a special demurrer, which was addressed to the vulnerable parts of the bill.</p> <p>4. Tlie matter of re-referring a cause to a master to take further testimony when the chancellor thinks it is necessary for its proper determination, is largely one of discretion, and unless it appears that the chancellor abused his discretion, no error can be predicated thereon.</p>