Jarrell v. McRainey

Citations

• 65 Fla. 141
• 61 So. 240

Syllabus

<p>1. In proceedings to remove a cloud upon title, the complainant must show with clearness, accuracy and certainty, the validity of his own title and the invalidity of the title of the opposing parties.</p> <p>2. If the description of the land contained in a tax deed is so uncertain and indefinite as to render it impracticable to definitely locate the land from the terms of-the tax deed itself or from other matters referred to in the deed as bearing on the description, there can be no possession of particular land under the indefinite tax deed.</p> <p>3. Greater strictness is required of the description of the land contained in a tax deed 'than in voluntary deeds.. The land must be described with such accuracy that with ordinary and reasonable certainty the land sold can be ascertained and identified.</p> <p>4. The description of property in a tax deed must be certain in itself, or at least capable of being made certain by matters referred to in the, deed itself as relating to the description, and evidence aliunde not referred to in the deed cannot be used to ascertain the land intended to be conveyed.</p> <p>5. A tax deed is void for uncertainty where the land is described as “Southwest quarter of the Southwest quarter (less 30a) Sec. 32, Township 18 South of Range 23 East, and embraced in certificate No. 397, of 1884, containing 27 acres more or less,” and does not afford a basis for title to any land by actual possession under section 591, General Statutes of 1906.</p>