Atlantic Beach Imp. Corp. v. Hall

• Citation: 143 Fla. 778,197 So. 464
• Parties: ATLANTIC BEACH IMPROVEMENT CORPORATION v. HALL.
• Decision Date: 23 July 1940
• Court: United States State Supreme Court of Florida

197 So. 464

143 Fla. 778

ATLANTIC BEACH IMPROVEMENT CORPORATION v. HALL.

Florida Supreme Court, Division B.

July 23, 1940

Action by Vivienne E. Hall, individually and as administratrix of the estate of C. Leon Hall, against the Atlantic Beach Improvement Corporation to establish ownership in and to oust defendant from possession of certain land. From an adverse decree, the defendant appeals.

Reversed. Appeal from Circuit Court, Duval County; Bayard B. Shields, judge.

COUNSEL

Giles J. Patterson, of Jacksonville, for appellant.

P. H Odom, of Jacksonville, for appellee.

OPINION

BROWN Justice.

This suit concerns the ownership and right to possession of a parcel of land 57 feet wide, which had formerly been the right of way of Atlantic Boulevard. This highway, as originally located, bounded Lot 1, Block 50, Neptune, on the north. The complainant claims rights therein under a contract to purchase. As the holder of such contract, he seeks by bill in equity to establish his ownership, and oust the defendant from possession of the 28 1/2 feet immediately abutting Lot 1, Block 50, being the south half of the abandoned highway. The defendant is in possession of the controverted land under a warranty deed from the complainant's vendor, executed when the County Commissioners of Duval County vacated this parcel of land as the roadbed of Atlantic Boulevard.

The allegations of the amended bill which are essential to the disposition of this case are as follows: The complainant states:

'That the Atlantic Beach Corporation, a corporation under the laws of the State of Florida, on the 26th day of May, 1920 being the owner in fee simple of said Lot one (1), Block fifty (50) Neptune, contracted with and agreed to sell to W. L. Griffis, the said Lot One (1) Block fifty (50) Neptune; that the said Griffis, joined by his wife, Annie L. Griffis, on the 5th day of May, 1921, assigned their interest in said contract to T. W. Wooten, which assignment is recorded in Deed Book 210, page 566, of the Public Records of Duval County, Florida; that T. W. Wooten, joined by his wife, Lula Wooten, on the 10th day of July, 1934 assigned their interest in said contract to the complainant herein, which assignment is recorded in Deed Book 666, page 115 of the Public Records of Duval County, Florida; that said contract is now in full force and effect.

'That by virtue of the papers mentioned in the preceding paragraph and a supplemental contract between Harcourt Bull and T. W. Wooten dated May 26, A. D. 1921, the complainant is the equitable owner of that certain piece or parcel of land situate in Duval County, Florida, particularly described as: Lot 1, Block 50, according to plat recorded in plat book 4, page 46 of the current public records of Duval County, Florida, and the South half of the right of way of Atlantic Boulevard, as shown on said plat, viz:

'Beginning at the Northwest corner of said Lot one (1) running thence north along projection of the westerly line of said Lot One (1), 28 1/2 feet, thence easterly parallel with the north line of said Lot one (1), to its intersection with the projection of the east line of said Lot One (1) thence southerly along said projection of the east line of said Lot One (1), thence southerly along said projection to the northeast corner of Lot One (1), thence westerly along the north line of said Lot One (1) to the point of beginning.

'That on the 7th day of May, 1925, the Atlantic Beach Securities and Trust Corporation, the Atlantic Beach Corporation, Harcourt Bull and Florence Bull, conveyed to the Atlantic Improvement Corporation, the defendant, certain lands in Atlantic Beach and Neptune, Duval County, Florida; * * * but the complainant denies that the defendant had any right, title or interest in and to the land described in paragraph one hereof (being all of Lot 1, Block 50, and the abandoned right of way of Atlantic Boulevard) by reason of said conveyance or otherwise.'

The complainant further alleges that he and his predecessors had been in possession, but that defendant now occupies the land in controversy, and prays,

'That the complainant be declared to be equitable owner of that certain parcel of land situate in Duval County, Florida, particularly described as Lot 1, Block 50, according to plat recorded in plat book 4, page 46 of the current public records of Duval County, Florida, and the South half of the right of way of Atlantic Boulevard, as shown on said plat, viz:' (giving the same description as that hereinabove quoted.)

'And that by reason of the equitable ownership of both parcels of the land above described, the complainant, his heirs and assigns be given the right of way over all of the land north of the land above described, extending to the right of way of the Atlantic Boulevard, as the same now exists, adjacent to said land, being between the projections north to said Boulevard, of the east and west lines of said property; that the defendant, its servants, agents and employees be enjoined from maintaining or constructing fences or maintaining or placing other obstructions over, across or in front of or abutting the land above described, which would in any manner, interfere with free, full and complete access to Atlantic Boulevard by the complainant, or those claiming the above described land, by through or under him, and that the complainant be given possession of said Lot one and a strip of land 28 1/2 feet in width immediately north thereof, as above described, by virtue of his equitable title as hereinabove designated, and that the defendant, his agents, servants and employees are hereby enjoined from asserting any right, title or interest in or to said land.'

The defendant made motion that the bill be dismissed on the ground that the complainant had failed to show title sufficient to maintain the suit. This motion was denied, and the cause proceeded to final decree granting the complainant the relief prayed for. This appeal is brought by the defendant below, Atlantic Beach Improvement Corporation, claiming, among other grounds, that the lower court erred in denying its motion to dismiss the bill of complaint.

It has long been well established in this State that a court of equity will not invoke its inherent jurisdiction to quiet title or to remove a cloud...