Simmons v. Carlton

Citations

• 44 Fla. 719

Syllabus

<p>1. A bill to remove a cloud upon title must allege tbat the complainant is not only the owner, but that he is in possession of the land the title to which is alleged to be clouded, or that it is wild and unoccupied.</p> <p>Ü. Prior to the enactment of Chapter 4739, acts of 1899, where the instrument or proceeding complained «f as constituting a cloud upon title was void upon its face, or where the instrument was not void upon its face, but the party claiming under it, must in order to recover upon it have necessarily offered evidence that would inevitably show its invalidity and destroy its effe2t, such instrument was not such a cloud upon title as that a bill in equity would lie to. remove it.</p>