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· 6/15/1908

Saunders v. Collins

Citations

  • 56 Fla. 534

Syllabus

<p>1. In an action of trespass it is not incumbent on the plaintiff claiming title by tax deed to show a legal assessment of the land, nor a legal advertisement of sale, nor a valid sale of said land for non-payment of taxes in order to_ read the deed in evidence of his right thereunder.</p> <p>2. In an action of trespass where the plaintiff claims title from the State by a tax deed which shows that the State purchased the locus in quo at tax sale and sold the same to the plaintiffs for the sum of eleven and 30-100 dollars, the amount paid for the tax certificates, and the deed further shows that the tax certificate was produced and surrendered to the Clerk of the Circuit Court who executed the deed, it is unnecessary for the plaintiff to prove that the said certificate was assigned by the State. It sufficiently appeared that the grantees named in the deed were holders of the tax certificate, had paid for and surrendered the same to the State and were entitled to and received the deed for the land embraced in the tax certificate.</p> <p>3. Evidence examined and found insufficient to sustain a verdict for damages in an action of trespass.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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