Reyes v. Middleton

Citations

• 36 Fla. 99

Syllabus

<p>CLOUD ON TITLE — LIBEL AND SLANDER OP TITLE INJUNCTION DOES NOT LIE TO RESTRAIN.</p> <p>1. A deed or other instrument purporting to convey land, tliat shows upon its face that the grantors therein were out of possession of the land granted at the time of its execution, and that such land at the time was adversely held by another, is void upon its face as to such adverse occupant; and, as to him, does not create such a cloud upon his title as will authorize the interposition of a court of equity on his behalf for its removal.</p> <p>3. It is well-settled that a court of equity will never lend its aid by injunction to restrain the libeling or slandering of title to property, where there is no breach of trust or contract right involved, but that in such cases the remedy, if any, is at law; and that the alleged insolvency of the libelant, in such cases, will not, of itself, authorize the interference of the court of equity.</p>