Sloan v. Sloan
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. The bill is one to remove a cloud upon title to land situated in Marion county, and was filed July 5th, 1888, against the appellants by the appellees, Susan M. and Sallie H. Sloan, daughters and heirs of William Sloan, who died in Texas in 1862 seized and possessed of the land at his death.
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Appeal from the Circuit Court for Marion county. The bill is one to remove a cloud upon title to land situated in Marion county, and was filed July 5th, 1888, against the appellants by the appellees, Susan M. and Sallie H. Sloan, daughters and heirs of William Sloan, who died in Texas in 1862 seized and possessed of the land at his death. On the 20th day of July, 1869, Edward Barker, County Judge of Marion county, appointed E. J. Harris, H. J. Mann and C. Lopez “ to appraise the real estate of the late William Sloan, deceased,” and directed them to hand their appraisement to M. A. Clonts,…
1Opinion of the Court
Raney, C. J.:
A party in possession of land may resort-' to equity to remove a cloud from his title. The general rule is that if his title is legal in its nature, he must be in possession before he can claim the aid of equity for this purpose, for if he is out of possession, he may by bringing ejectment, test the validity of the instrument or proceedings constituting the alleged cloud. Story’s Eq. Jurisprudence, section 700, note A; Pomeroy’s Eq., section 1399,. note 4. Where the title is equitable, possession by the complainant is not essential to the relief, Ibid; and the-same is also held…
2Cases cited17 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Ward v. . DeweyNew York Court of Appeals · 1858
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
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3Cited by36 opinions
- Brown v. SolarySupreme Court of Florida · 1896
- McKeown v. CollinsSupreme Court of Florida · 1896
- Tibbetts v. OlsonSupreme Court of Florida · 1926
- Haworth v. NorrisSupreme Court of Florida · 1891
- Hughes v. HannahSupreme Court of Florida · 1897
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