Schouten v. Hunt
| Decision Date | 11 March 1941 |
| Court | Florida Supreme Court |
| Parties | SCHOUTEN et ux. v. HUNT. |
Action by Frank E. Hunt against John Schouten and wife to quiet and perfect title to certain property. Decree for plaintiff, and defendants appeal.
Affirmed. Appeal from Circuit Court, Dade County; Ross Williams, Judge.
Rothar & Kalback, of Miami, for appellants.
Stapp, Ward & Ward and James E. Hunt, all of Miami, for appellee.
Appellee filed suit in equity to quiet and perfect his title to Tract Five (5), Section 25, Township 53 South, Range 40 East, containing ten acres more or less, according to the Florida Fruit Lands Company's subdivision map 1 filed in the office of the clerk of the Circuit Court of Dade County, Florida, and recorded in Plat Book 2, at Page 17 of the Public Records of Dade County, Florida, and also to remove as a cloud a tax deed held by appellant containing a description of Tract 5 in Section 25, Township 53 South of Range 40 East, containing 10 acres, more or less, in County of Dade, State of Florida.
We first consider the sufficiency of the description in the appellant's tax deed.
This Court has long been committed to the rule that: J. C. Newsom v. Belle Mead Development Corporation et al., 131 Fla. 143, 179 So. 160, 161.
It is apparent from the description quoted above that the deed is void. The plaintiff's own evidence shows that to locate the land he would be required to refer to the plat in evidence. The plat was no part of the deed by reference or otherwise.
Considering the entire record in the light of the above rule we find the description inadequate.
All other questions raised by appellant relate to findings of fact by the master and sustained by the chancellor. Sufficient showing has not been made to warrant us in disturbing such findings. Finding no error in the record the decree is affirmed.
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Kester v. Bostwick
...hand that the description is not sufficient and relies on Newsom v. Belle Mead Dev. Corp., 131 Fla. 143, 179 So. 160; Schouten v. Hunt, 146 Fla. 360, 200 So. 923, like cases to support her contention. This Court early laid down the rule to be sufficient the description of land in a deed mus......
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Mitchell v. Moore
... ... based upon a well considered opinion by the present Chief ... Justice. In the case of Schouten v. Hunt, 146 Fla ... 360, 200 So. 923, the description in the tax deed there ... involved merely referred to; 'Tract 5 in Section 25, ... ...
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