State Ex Rel. First State Sav. Bank of Morenci, Mich. v. Dupuis

• Decision Date: 12 December 1935
• Citation: 165 So. 66,122 Fla. 216
• Parties: STATE ex rel. FIRST STATE SAV. BANK OF MORENCI, MICH., et al. v. DUPUIS et al.
• Court: Florida Supreme Court

165 So. 66

122 Fla. 216

STATE ex rel. FIRST STATE SAV. BANK OF MORENCI, MICH., et al. v. DUPUIS et al.

Florida Supreme Court, Division A.

December 12, 1935

Error to Circuit Court, Dade County; Paul D. Barns, Judge.

Proceedings by the State, on the relation of the First State Savings Bank of Morenci, Mich., and others, against J. E. Dupuis and others, as and constituting the Board of Supervisors of the Little River Valley Drainage District. Peremptory writ of mandamus was denied, and relators bring error.

Affirmed.

COUNSEL C. L. Chancey, of Ft. Lauderdale, for plaintiffs in error.

Brown &amp Wood and John E. Holland, all of Miami, for defendants in error.

OPINION

DAVIS Justice.

Plaintiffs in error were relators in the court below wherein they were denied a peremptory writ of mandamus directed to defendants in error, J. E. Dupuis, John E. Holland and F. M. Soar, as and constituting the board of supervisors of Little River Valley Drainage District, requiring and commanding said supervisors to advertise for sale and sell, as provided by section 12 of chapter 12078, Acts 1927, General Laws of Florida (amending article 1, chapter 3, title 7 Comp.Gen.Laws Fla. 1927), all of the lands in said Little River Valley Drainage District, the title to which had become vested in said district for, or because of, the nonpayment of drainage taxes levied and assessed by said district for the outstanding bonds of said district, of which relator was a holder to the extent of $20,000 worth of said bonds, part matured and part unmatured, but all in default as to either principal or interest. On writ of error they seek a reversal of the judgment, with directions to the court below to award the peremptory writ as prayed for.

Little River Valley Drainage District was created and established under the general drainage laws of Florida, being article 1 of chapter 3, title 7, of the First Division of the 1927 Comp.Gen.Laws, as amended by chapter 12078, Laws of Florida Acts of 1927.

Under the authority of the foregoing statutes, the district issued its series of $275,000 of negotiable coupon bonds dated June 1, 1927. Relators became the holders and owners of $20,000 of these bonds, $5000 of which matured on June 1, 1932, $5,000 of which matured on June 1, 1933, the remaining $10,000 of bonds being yet unmatured at the time this proceeding was instituted. No interest has been paid on the past-due bonds since maturity. The interest coupons which matured June 1, 1933, on the five bonds due upon that date, as well as interest coupons which matured on and subsequent to December 1, 1932, on the unmatured bonds, remained unpaid when the petition for alternative writ of mandamus was filed.

Section 12 of chapter 12078 provides:

'Section 12. When land is purchased by the Tax Collector for Little River Valley Drainage District, as herein provided, the certificate shall be issued as of the date of sale, in the name of said District, and if the land is not redeemed on or before two years from the date of such certificate, as herein provided, the title to the same shall immediately vest in the said Little River Valley Drainage District, without the issuance of any deed, as provided in other cases, and the certificate held by the said District shall be evidence of the title of the said District to the said land. The Board of Supervisors may sell and convey the said lands by deed at the best price obtainable therefor, provided such price shall not be less than the amount of drainage taxes upon said lands, which shall have become due and payable thereon pursuant to the provisions of this Act at the time of such sale; and provided further that no such land shall be sold by the said Board until four weeks' notice of the intention to make said sale shall be published once each week in a newspaper published in the County in which the lands so to be sold may be situated. The Board may reject any and all bids offered for such lands, and may thereafter sell the same at any time without any further publication of notice; and provided further that after the expiration of the period of redemption herein allowed the said Board may, in its discretion, sell any parcel of land the title to which shall have vested in the District by reason of tax sales to the person who was the owner of said

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