Deas v. Turner

• Decision Date: 15 January 1952
• Citation: 56 So.2d 337
• Parties: DEAS et ux. v. TURNER et ux.
• Court: Florida Supreme Court

Page 337

56 So.2d 337

DEAS et ux. v. TURNER et ux.

Supreme Court of Florida, Division B.

Jan. 15, 1952.

Walton, Hubbard, Schroeder, Lantaff & Atkins and S. O. Carson, all of Miami, for appellants.

J. Morley Turner, South Miami, and Vernon W. Turner, Homestead, for appellees.

MATHEWS, Justice.

The appellants filed a bill of complaint seeking to quiet title to certain property in Dade County. They were successors in title to the grantees of the state by virtue of a tax deed. After the pleadings were settled, the cause was referred to a Special Master and in due course, he heard the testimony and made his report to the Court in which he discussed the evidence and his findings of fact, gave his conclusions of law and recommendations.

The Master found from the evidence that the appellees were in actual possession of the lands in question when the tax deed was issued by the state and when the appellants obtained their deed from the grantees of the state. The Master further found that the appellees were in actual adverse possession of the lands at the time the suit was brought, and by reason of all these facts, the appellants were not entitled to maintain their bill to quiet title. Exceptions were filed to the Master's Report and after due notice and argument of counsel and upon consideration of the report of the Special Master, the Chancellor made an order dismissing the bill of complaint, with prejudice. From this final order this appeal was prosecuted.

We have carefully considered the record and all assignments of error, and we find that the order of the Chancellor was without error and should be affirmed. The questions involved in this appeal have been settled by this Court in the cases of, Bunch v. High Springs Bank, 81 Fla. 450, 89 So. 121; Milton v. Danford, 100 Fla. 761, 130 So. 435, 71 A.L.R. 586; and Palmquist v. Johnson, et al., Fla., 41 So.2d 313.

Affirmed.

SEBRING, C. J., and CHAPMAN and ROBERTS, JJ., concur.