Hughey v. Winborne

Citations

• 44 Fla. 601

Syllabus

<p>1. A court of equity has jurisdiction to declare void' as a-cloud on title a tax deed not made by statute prima facie evidence of title or of the regularity of the proceedings, where the defect does not appear upon the face of the deed and is of such a character as that it will not necessarily and indubitably appear from the evidence that the tax title holder must necessarily introduce in order to prove title under such deed.</p> <p>2. A deed executed by the Governor and Secretary of State under Chapter 4011, acts of 1891, for lands certified to the State for nonpayment of taxes assessed under Chapter 4010, acts of 1891, may be declared void as a cloud on title by a court of equity, where the assessment was made by the collector of revenue, and not by the assessor, and the land was not assessed in the name of the owner or person son in whose name the return- was. made, or as’ “unknown,” but in the name of a fictitious company or person; and this is true whether the deed be or be not prima facie evidence of title or of the regularity of the proceedings.</p> <p>3. An appellate court will not sua sponte notice a defect of allegation in a bill of equity, unless the defect be such as that the bill wholly fails to state a case for equitable relief.</p> <p>4. Knowledge cn the part of the owner of property that an alleged assessment thereof for taxes'is- void, does not vitalize such void assessment, nor does the payment of a void tax in one year render valid a void tax of a succeeding year.</p> <p>5. Section 22, of Chapter 4010, acts of 1891, does not authorize the assessment of property in the same name as it was assessed for the previous year, nor does section 31 authorize such assessments except wh/.n made by the clerk of the court.</p> <p>6. Wrongful forcible possession is not such possession as the owner must have in order to maintain a bill to remove a cloud on title.</p> <p>7. Where the defendant in a proceeding in equity to declare void a deed held by him based u