Buck v. Triplett
| Decision Date | 05 December 1947 |
| Citation | 159 Fla. 772,32 So.2d 753 |
| Parties | BUCK et al. v. TRIPLETT. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Duval County; Bryan Simpson judge.
Emmet Safay and David J. Lewis, both of Jacksonville, for appellant.
Waybright & Waybright, of Jacksonville, for appellee.
The question involved here emerges from the following facts. One Triplett acquired title to certain real estate by tax deed in 1926; in 1936 he was divested of title by sheriff's deed. After a period of years the grantee, under the sheriff's deed sold and conveyed the property back to Triplett who continued to hold title until the filing of this suit to quiet title by him in 1946. From the date of the tax deed in 1926 until the filing of the suit the taxes were paid by Triplett during the time of his ownership and by his grantor, the grantee named in the sheriff's deed, during his ownership. Although the two owners paid all taxes during the twenty year period they were not paid each year as assessed but at times were allowed to accumulate, although they were eventually paid and satisfied.
The lower court quieted Triplett's title against the record owner as of the date of the tax deed and his subsequent grantees.
The question now is whether that decree may be upheld by virtue of Section 196.09, F.S.A., which provides: 'Wherever a tax deed has been issued by the State of Florida, conveying or attempting to convey the title to any real estate in the State of Florida, by reason of the nonpayment of the taxes thereon, no action shall be brought by the former owner thereof, or by any person claiming by, through or under him, against the grantee in said tax deed, his heirs, devisees or assigns where the grantee or his heirs, devisees or assigns have paid the taxes assessed against the lands described in the said tax deed for a period of twenty sucessive years, at any time after the issuance of said tax deed, but the grantee in said tax deed, his heirs, devisees or assigns, may, at his option file a bill in equity to quiet the title to the lands described in said tax deed, and no defense to said suit, nor attack upon said tax deed shall be made, except to show that the taxes assesed [assessed] against the premises described in said tax deed, and for the nonpayment of which said tax deed was issued, had been paid before the execution and issuance thereof, by the former owner.'
This statute was enacted in 1927. We are urged to hold it unconstitutional because it attempts to deprive the owner...
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City of Miami v. St. Joe Paper Co.
...reasonable time is provided for the enforcement of a cause of action before the restriction becomes effective. See Buck v. Triplett, 159 Fla. 772, 32 So.2d 753, 754-55 (1947) where the court "We are committed to the rule that statutes of this nature (statute of limitations) are good where a......
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Maltempo v. Cuthbert
...are given a reasonable time within which to file suit. H.K.L. Realty Corporation v. Kirtley, Fla.1954, 74 So.2d 876; Buck v. Triplett, 159 Fla. 772, 32 So.2d 753 (1947); Campbell v. Horne, 147 Fla. 523, 3 So.2d 125 (1941). The plaintiff's position is that under established rules of statutor......
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Baker v. State ex rel. Caldwell, 1986
...that the relator has had his three strikes at the ball, and, according to the rules of the game, the batter is out. See Buck v. Triplett, 159 Fla. 772, 32 So.2d 753. 'It is our conclusion that the doctrine of estoppel is controlling and it therefore becomes unnecessary to consider other que......
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H & F LAND v. PANAMA CITY-BAY CO. AIRPORT
...of limitations] are good where a reasonable time is allowed to prosecute an asserted right." Id. at 443 (quoting Buck v. Triplett, 159 Fla. 772, 774, 32 So.2d 753, 754 (1947)). "The law is well settled by decisions of the Supreme Court of the United States, and in other jurisdictions, that ......