Johnson v. DuPont

Citations

• 63 Fla. 200

Syllabus

<p>1. \Where a plaintiff\ in ejectment shows title and right of possession, and no title or right is shown on which the jury could, lawfully find for the defendant, an affirmative charge for the plaintiff is proper.</p> <p>2. The provision of the statute that “where any purchaser of any real estate, situated in this State prior to the passage of this.act, has not entered into and taken actual possession of the same, he shall, within one year from the passage of this act, bring suit for the recovery of actual possession of the real estate described in such tax title, and in default thereof, said tax title shall become void and of no effect” cannot lawfully divest a title or put a material burden upon the title already vested in a purchaser of a tax deed under the law before the enactment of the quoted provision.</p> <p>3. The provision of the statute that the purchaser of a tax sale certificate “shall purchase all the certificates held by the States,” relates to the purchase of certificates from the State and not to- the issue of a tax deed on a certificate issued at the sale to an individual.</p> <p>4. Even where a tax deed is subject to an outstanding tax certificate, if the latter is void, the.tax deed is not affected by a deed subsequently issued on the void certificate.</p> <p>5. Where the notice of an application for a tax deed required by the statute is not given the deed is ineffectual as title.</p>