Lyle v. Hebb
Decision Date | 24 September 1940 |
Citation | 144 Fla. 282,197 So. 859 |
Parties | LYLE et al. v. HEBB et al. |
Court | Florida Supreme Court |
Action by Leon Hebb to enjoin the clerk of the circuit court from issuing to M. E. Lyle and husband a tax deed, wherein M. E Lyle and husband filed a crose-bill. From on order dismissing the cross-bill, M. E. Lyle and husband appeal.
Affirmed. Appeal from Circuit Court, Polk County; W. J Barker, Judge.
O. E Williams, of Tampa, for appellants.
Fred M. Harris, of Bartow, for appelless.
The appeal brings for review an order dismissing cross bill of complaint.
The record shows that on the 23rd day of May, 1939, Leon Hebb filed bill of complaint in the Circuit Court of Polk County, Florida, seeking to enjoin the Clerk of the Circuit Court from issuing to one M. E. Lyle a tax deed based on tax certificate issued on November 4, 1895.
Restraining order was issued, whereupon Lyle filed answer and cross bill in which cross bill she sought to foreclose two certain tax sale certificates issued November 4, 1895, and June 1, 1896, respectively, being certificates number 555 and 794, and alleged that on November 4, 1895, and June 1, 1896, respectively, J. W. Boyd, Tax Collector of Polk County, sold said lands for non-payment of taxes for the years 1894 and 1895, respectively, to Wiley B. Lyle and issued tax sale certificates, supra. That in January of 1902, Wiley B. Lyle, for valuable consideration, assigned the tax certificates, supra, to Charles H. Walker, Trustee, who in turn for valuable consideration assigned the certificates to the defendant M. E. Lyle. She alleged that the certificates constituted evidence of tax lien on the property and that she was entitled to foreclose the same against the property.
After notice and hearing on motion to dismiss the Court entered its order on September 30, 1939, as follows:
Appellant insists that there are two questions for us to consider as follows:
We do not think it necessary to discuss the first question. The record shows that the tax certificates were issued practically forty-four (44) years before any effort was made to acquire title under the tax certificates.
In Norton v. Jones, 83 Fla. 81, 90 So. 854, 860, this Court said:
'The law is well settled that where it is clearly apparent upon the face of the bill that complainants therein have slept so long upon...
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Campbell v. Horne
... ... gross laches of plaintiff and his predecessors in title since ... January 1st 1920. See Lyle et vir v. Hebb et al., ... 144 Fla. 282, 197 So. 859 ... Having reached this ... conclusion, it is not necessary to discuss the ... ...
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Murph v. City of Sanford
...had stood by without taking any legal action to enforce this alleged claim. The order is affirmed on authority of Lyle v. Hebb, 144 Fla. 282, 197 So. 859, and cases there So ordered. Affirmed. ROBERTS, C. J., and TERRELL and SEBRING, JJ., concur. ...