Clark v. Leatherman

JOE EATON, Circuit Judge.

This cause came on to be heard on final hearing on a complaint to enjoin the clerk of the circuit court from issuing a tax deed on certain property and for declaratory relief. The clerk, in his answer, has also asked for declaratory relief.

The controversy between the parties arises out of the proper construction of § 194.02 and §§ 194.15-194.21, Florida Statutes 1959. Factually there is no dispute. Plaintiff has sufficient interest in the lands in question to entitle him to redeem them. He was unable to make actual tender before the sale required by § 194.21, although…