Gamble v. Hamilton

Citations

• 31 Fla. 401

Syllabus

<p>1. Where B. has paid the taxes of H. for several years, and then-purchased at a tax sale, and after such purchase has written to H. that he has paid the taxes on the land and taken the receipt as sold for taxes, but that it will be all right, and then gets a tax deed upon the certificate of sale and does not inform H. of that fact, and subsequently agrees to pay the taxes for H., and then makes a contract with H. for the purchase of the land, the tax deed is fraudulent and void as against H. and those in privity with him.</p> <p>3. One who purchases land with actual notice that another claims it and is exercising dominion over it, takes it subject to all the rights and equities of the person so claiming and exercising dominion over the land.</p> <p>3. One who claims title to land, legal in its character, cannot maintain a bill in equity against the person in possession of the land, or any part thereof, to remove a cloud from his title.</p> <p>4. Where B. purchased land from H. .by parol contract, and H. put him into possession, and part of the purchase money remained unpaid, the possession of B. is not adverse to the title of H., but in subordination thereto.</p> <p>5. A party may convey land held in the actual possession of another, provided that such actual possession is not adverse.</p> <p>6. Where a party endeayors to adjust and settle a disputed claim between ver. dor and vendee of a parcel of land, and fails, and some years afterwards purchases the land from the said vendor, with his own funds, and obtains a deed thereto, he acquires the title subject to any existing obligations of the vendor.</p>