Patton v. Crumpler

• Decision Date: 21 May 1892
• Citation: 29 Fla. 573,11 So. 225
• Parties: PATTON v. CRUMPLER.
• Court: Florida Supreme Court

11 So. 225

29 Fla. 573

PATTON v. CRUMPLER.

Florida Supreme Court

May 21, 1892

Appeal from circuit court, Orange county; JOHN D. BROOME, Judge.

Bill by Daniel T. Patton against M. O. Crumpler to remove an alleged cloud on the title to certain real estate. From a decree dismissing the bill, complainant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

Where a deed or other instrument of writing exists, apparently valid on its face, but in fact invalid, and which may be vexatiously or injuriously used after the evidence to impeach it is lost, or which may throw a cloud over complainant's title, and he cannot, being in possession, establish his right by any course of proceeding at law, a court of equity will afford him relief; but where his title is legal in its nature he must be in possession before he can invoke the aid of a court of equity to remove a cloud from his title.

COUNSEL John C. Jones and J. Hugh Murphy, for appellant.

M. O Crumpler, in pro. per.

OPINION

MABRY J.

Appellant as complainant, filed a bill in the Orange county circuit court against appellee to remove an alleged cloud from the title of certain real estate situated in said county. The bill alleges that 'your orator [appellant here] is the owner of a tract of land in Orange county, Florida, by patent from the United States of America, consisting of one hundred and sixty acres of land, more or less, and described as follows, to wit: The N.W. 1/4 of S.E. 1/4, and the W. 1/2 of the N.E. 1/4, and the N.E. 1/4 of N.E. 1/4, of section 3 town 21 S., of range 28 east. Your orator shows that the above-described premises, owned by your orator, were valued for purposes of taxation at the sum of eight hundred dollars and the sum of thirteen dollars was assessed against your orator, and upon said premises, as state and county taxes for the year 1884. Your orator shows that on the 3d day of July 1885, the collector of revenue for Orange county filed in the county clerk's office a delinquent list of tax-payers, and published notice of all the lands embraced in said delinquent list, among which was the land of your orator, as hereinbefore described. Your orator further shows that on the 6th day of July, 1885, at a public sale of lands for delinquent taxes due and remaining unpaid thereon for the year 1884, as aforesaid, the said collector sold the said land of your orator to one M. O. Crumpler, defendant in this cause, and issued the usual certificate therefor, to wit, tax certificate No. 84. That afterwards, to wit, on the 7th day of July, 1886, T. J. Shine, clerk of the circuit court of said state, county, and circuit, made and executed a tax deed to said Crumpler for said lands hereinbefore described, based upon said certificate, the consideration of said deed being $14.84, said deed being recorded in said clerk's office, in Book of Tax Deeds, No. 2, page 127, July 7, 1886. Your orator shows that not until recent date did he know that his land had been sold for taxes. That, as soon as your orator became aware of said sale, your orator did demand a quitclaim deed of said Crumpler, and did tender said Crumpler, by orator's attorney, the sum of $100 for said quitclaim deed, which deed and tender were refused by said Crumpler. Your orator shows that the tax assessor of said county did not visit and inspect said above-described land before he affixed a valuation thereon, nor was he previously personally acquainted with its value for purposes of taxation, and that said assessment for said year was illegal, irregular, and void. Your orator shows that the above-described real estate consisted of four government forties, embracing 160 acres of land, more or less. That said property was susceptible of a division. That the collector of revenue at said sale of said property for said taxes for said year, instead of selling the least number of acres of said real estate from the southeast corner of the same sufficient to pay the taxes of $13 and costs and charges, sold the entire tract of 160 acres to M. O. Crumpler for the paltry sum of $13, the assessed value of said property (if legal) being the sum of eight hundred dollars. That said sale was illegal, void, and irregular, and calculated to deprive your orator of his rights and property contrary to law. Your orator shows that said tax deed is a cloud on the title of your orator's land, and tends to depreciate the value thereof, and ought therefore to be set aside and declared null and void, and to be delivered up to be canceled under the directions of the court.' The bill concludes with prayer for...