Welborn v. Pierce

Citations

• 75 Fla. 667
• 78 So. 929

Syllabus

<p>1. “That the complainant is the 'owner in fee simple” is a sufficient allegation as to the title of the complainant in a suit to remove cloud upon title.</p> <p>2. It being incumbent upon the complainant to ¡allege in his bill, every fact clearly and definitely, that is necessary to entitle him to relief, it was necessary then that the complainant in this cause should, in addition to the ¡allegation that he is the 'owner in fee simple of the land involved, have also by proper allegations described the interests of the respondents setting forth their nature and in what way the alleged interests constitute clouds upon his title.</p> <p>3. If the complainant did not know the nature of the alleged interests, and failed upon diligent effort to ascertain the same, then he should, in addition to the allegation “that the exact nature of the interest, 'or interests, is to your orator unknown” h¡ave also alleged what effort and search he had made to learn the same, and should have prayed for a discovery by the defendants named, of the nature and character of such interest,or interests, claimed.</p> <p>4. A bill of complaint brought to quiet, 'or remove, cloud from title to rqal estate against unknown defendant, should so describe the alleged cloud, and show by clear and definite allegations its invalidity as to advise the unknown defendants of the nature of the case they are called upon to meet, and that the court may know what decree to render supposing the bill to be true.</p>