Norton v. Jones

• Court: Florida Supreme Court
• Writing for the Court: WHITFIELD, J. (after stating the facts as above).
• Citation: Norton v. Jones, 83 Fla. 81, 90 So. 854 (Fla. 1922)
• Decision Date: 27 January 1922
• Parties: NORTON v. JONES et al.

90 So. 854

83 Fla. 81

NORTON v. JONES et al.

Florida Supreme Court

January 27, 1922

Bill by Lewis G. Norton, as trustee, against Morning Johnson Jones and others. Judgment for defendants, and plaintiff appeals.

Affirmed.

(Sullabus by the Court.)

One seeking in equity to remove a legal title as a cloud upon his own must show clearly the validity of his own title and the invalidity of his opponent's, for equity will not act in cases of doubtful title, and plaintiff must prevail upon the strength of his own title, and not on the weakness of his adversary's.

Where complainant "as trustee" and certain defendants claiming a legal title through descent from one whose title to land was confirmed by the United States in 1825 had not asserted their rights until 1920, and others who claim adversely under a conveyance executed in 1832 have divided the land into city lots and blocks, and have, by executing conveyances and by giving or permitting liens, dealt with the lands and with the title as owners thereof, and the delay from 1832 to 1920 in asserting their rights by those claiming through descent and their predecessors in interest is unexplained or unexcused, held, that such delay, under the circumstances, while adverse rights were being asserted through such time, is prejudicial to the rights of adverse claimants, and constitutes laches making it inequitable to annul adverse claimant's title.

Appeal from Circuit Court, Dade County; H. Pierre Branning, judge.

COUNSEL

Carson & Botts, of Miami, for appellant.

Shutts & Bowen, Atkinson & Burdine, Hudson, Wolfe & Cason, Uly O Thompson, Price, Price & Small, and Gramling & Clarkson, all of Miami, for appellees.

The bill of complaint herein filed July 19, 1920, alleges that----

'Lewis G. Norton, as trustee, brings this his second amended bill of complaint against R. A. Amsden' and many other named defendants, 'whereupon your orator, complaining, says:

'(1) That on, to wit, March 3, 1823, by an act known as the donation act, the Congress of the United States confirmed to Polly Lewis and others lands cultivated by them in the state of Florida; that on, to wit, December 23, 1925, a commission of the United States confirmed to Polly Lewis 640 acres under the donation act, on the east side of Miami river, near Key Biscanino; that the said land of Polly Lewis, so confirmed aforesaid, was surveyed in the year 1845 by George McKay, deputy surveyor, under his contract with the Surveyor General of Florida; that as surveyed the land is described as follows, to wit:

'Beginning at stake and stones ('on the bay') for S.E. corner of donation claim of Mrs. Hagan and which is the N.E corner of this survey. From said corner a gumbo limbo bears N. 28º W. 50 links, and a crabwood bears S. 47º W., 60 links distant. Thence along the coast of Atlantic Ocean, which is the eastern boundary of this survey, as follows: S. 8 1/2º E. 20 chains. Thence S. 35 1/2º W. 4 chains. Thence S. 57 1/2º W. 31 chains. Thence S. 66º W. 8.50 chains. Thence S. 41º W. 2.20 chains. Thence S. 15º W. 12.50 chains, to a stake and stones for the S.E. corner of this survey, and also N.E. corner of the claim of Jonathan Lewis. Thence west along the south line of this survey, which is also north line of claim of Jonathan Lewis, 88 chains, to the stake and stones for the S.W. corner to this survey and a corner to fractional section 11. From said corner a pine bears S. 41º> E. 55 links, a pine bears N. 60º E. 37 links, and a pine bears N. 43º W., 86 Links distant. Thence north along the western boundary of this survey 56.50 chains to 'a stake,' for N.W. corner of this survey and a corner to fractional section 11. From said stake a pine bears N. 38º W. 10 links, and a pine bears S. 40º E., 80 links distant. Thence east along north line of this survey 26 chains to the stake and stones for S.W. corner of claim of Mrs. Hagen. From said corner a pine bears N. 30º E. 75 links, and a pine bears S. 45º W., 30 links distant, 126 chains to the N.E. corner of this survey and place of beginning, containing 634 17 acres.

'That said land had been, before February 22, 1819, inhabited and cultivated by said Polly Lewis.

'(2) That on, to wit, March 21, 1896, a patent was granted by the United States to Polly Lewis, granting to her the following described land, to wit:

'Beginning at the stake and stones (on the bay) for the southeast (S. E.) corner of the donation claim of Mrs. Hagan and which is the northeast (N. E.) corner of this survey. From said corner a gumbo limbo bears north (N.) 28º W. 50 lengths, and a crabwood bears S. 47º W., 60 lengths distant. Thence along the coast of the Atlantic Ocean which is the eastern boundary of this survey, as follows: South 8 1/2º E. 20 chains. Thence south 35 1/2º W. 4 chains. Thence south 57 1/2º>> W. 31 chains. Thence south 66º W. 8.50 chains. Thence south 41º W. 2.20 chains. Thence south 15º W. 12.50 chains, to a stake and stones for the southeast (S. E.) corner of this survey, also northeast (N. E.) corner of the claim of Jonathan Lewis. Thence west along the southern boundary of this survey, which is also the northern boundary of the claim of Jonathan Lewis 88 chains to a stake and stones for southwest (S. W.) corner of this survey, and a corner to fractional section eleven (11) township fifty-four (54) south, range forty-one (41) east. From said corner a pine bears south 41º E. 55 links, a pine bears north 43º> W. 86 links distant, and a pine bears north 60º E., 37 links distant. Thence north along the western boundary of this survey 56.50 chains to a stake for the northwest (N.W.) corner of this survey and a corner to fractional section eleven (11), township fifty-four (54) south, range forty-one (41) east, from said stake a pine bears north 38ºW. 10 links, and a pine bears south 40º E., 80 links distant. Thence east along the northern boundary line of this survey 26 chains, to the stake and stones for the southwest (S. W.) corner to the claim of Mrs. Hagan (from said corner a pine bears north 30º E. 75 links, and a pine bears south 45º W., 30 links distant); 126 chains to the northeast corner of this survey and place of beginning, being section thirty-nine (39) township fifty-four (54) south, range forty-one (41) east, to the Tallahassee meridian, Florida, and containing 637.23 acres. U.S. Surveyor General's Office, Tallahassee, Florida, February 6, 1895. Examined and approved. W. H. Milton, Jr., U.S. Surveyor General. Copy of which said plat is attached to this bill of complaint and made a part hereof. That on the date of the said patent the said Polly Lewis had been for a long time dead, and that therefore the said patnet was a nullity, but that the heirs of the said Polly Lewis, were the owners of said land under and by virtue of the act of Congress and its confirmation aforesaid.

'(3) That on, to wit, May 28, 1832, and prior thereto, and thereafter, the said Polly Lewis was married to Jonathan Lewis.

'(4) That neither prior to her marriage with the said Jonathan Lewis nor after her marital relations with the said Jonathan Lewis had ceased did she execute any conveyance of any kind to the said property, nor did she and her husband, during their marital relations, jointly execute any conveyance to the said property, nor have any of their successors in title conveyed any title except as is hereinafter set out.

'(5) That the said Jonathan Lewis and the said Polly Lewis died intestate, leaving four children, to wit, George Lewis, Frank, sometimes referred to as Frankie, Lewis, Frances Lewis, and Elizabeth Catharine Lewis; that the said George Lewis died intestate; that the said Frank, or Frankie, Lewis never married, and died interest; that the said Frances Lewis married a man named W. A. Johnson, that both the said Frances Lewis Johnson and the said W. A. Johnson, her husband, died intestate; that the issue of their marriage consisted of five children, to wit, W. A. Johnson, Jr., Melinda Johnson, Caroline Johnson, Frances Johnson, and Elizabeth Johnson; that the said Elizabeth Catharine Lewis married a man named Gould; that both the said Elizabeth Lewis Gould and her husband died intestate, leaving four children, to wit, William Gould, George Gould Georgianna Gould, who married a man named Knowles, and James R. L. Gould.

'(6) That the said W. A. Johnson, Jr., was married; that he and his wife died intestate, leaving six children, to wit, Frances Johnson, Lizzie Johnson, Morning Johnson, Sidney Johnson, Winn Johnson, and Mollie Johnson; that the said Frances Johnson Married a man named Granger; that Frances Johnson Granger and her husband both died intestate, leaving three children, to wit: Bertha Granger, Floyd Granger, Anna Granger, all of whom are still living; that the said Lizzie Johnson married a man named Grantham; that both she and her husband died intestate, leaving one child, to wit, May Grantham, who is still living; that the said Morning Johnson is married and is living with her husband, John L. Jones; that the said Sidney Johnson and the said Vinn Johnson are living; that the said Mollie Johnson married Abe Waddell; that she died intestate, leaving her husband, Abe Waddell, still living, and three minor children, to wit, Mollie J. Waddell, Folley Waddell, and Edgar Waddell, all of whom are still living.

'(6) That the said Melinda Johnson married Benjamin A. Baker; that she died intestate, leaving her husband still living and eight children, to wit: Stella Baker, who married Charles E. Roberts; William M. Baker; Benjamin A. Baker, Jr.; Oliver F. Baker; Lemuel Baker; Jessie V. Baker, who married Charles E. Duval; Carl Baker; and Pansy I. Baker, who married Hershel Connor--all of whom and their respective husbands are still living.

'(8) That the said Caroline...