Simms v. City of Tampa

Citations

• 52 Fla. 641

Syllabus

<p>REAL ESTATE — WRIT .OP RESTITUTION — SUMMARY GRANT OP, ONLY MADE AGAINST PARTIES TO THE RECORD OR THEIR PRIVIES. ’</p> <p>1. It is well settled that restitution of possession of real estate, on reversal of a judgment affecting it, • can he* compelled only from parties to the record, or from their beneficial assignees, or, in case of the death of the execution plaintiff, from his executor or administrator. Restitution cannot he compelled from third persons, strangers to the record, who were tona fide purchasers at a sale under process dependent upon a judgment subsequently reversed, or- who acquired tona fide collateral rights thereunder, and their rights are in no way affected by the subsequent reversal of the judgment.</p> <p>2. Particularly should restitution he denied as against a stranger to the record when sought in a summary manner by motion, rule or petition.</p>