State ex rel. Dixon v. Trustees of the Internal Improvement Fund

Citations

• 20 Fla. 402

Syllabus

<p>1. A paid to the Salesman of the Trustees of the Internal Improvement Fund the price of a parcel of land and received a certificate of sale stating that a deed would be made and delivered to the purchaser, which certificate was under the seal of the State Land Office. The certificate was recorded in the Clerk’s office of the proper county. Afterwards the Trustees conveyed the land by deed to B. On the application of A for a writ of mandamus to compel the Trustees to issue to him a deed in pursuance of the certificate, it is held, that as they had conveyed to B, no title remained in them and they could give none to A.</p> <p>2. Registration is notice to subsequent purchasers, but does not affect the grantor.</p> <p>3. Though mandamus may be a proper proceeding to compel the Trustees to make a deed in pursuance of tlieir agreement, yet where they have conveyed to another, notwithstanding the contract, the grantee has legal title which cannot be impaired or affected by a mandamus proceeding in which he is not a party, and the writ will he j'efnsed. The real controversy in such case is between the purchasers.</p>