Legal Opinion

Leonard M. Harrell v. Doyle Alva Wester, Eugenia W. Pelt, and Billy Wester Dickson, Pencie W. Wester

Court of Appeals for the Eleventh Circuit

Decided August 29, 1988No. 87-3716PublishedCited by 1 opinion

1Opinion of the Court

VANCE, Circuit Judge:

Plaintiff Leonard M. Harrell brought this action to establish a declaration of trust in certain real property held by the defendants and to obtain an accounting of proceeds derived from the property. After a non-jury trial the district court ordered defendant Pencie W. Wester to convey a portion of the property to Harrell and to pay Harrell $98,074.27 in proceeds she had received from the property. Because we conclude that Harrell’s action is barred by Florida’s Marketable Record Title Act (MRTA), Fla.Stat. §§ 712.01-10, we reverse.

I

In June 1938 W.W. Wester died…

2Cases cited8 opinions

  1. City of Miami v. St. Joe Paper Co.Supreme Court of Florida · 1978
  2. Harrell v. BransonDistrict Court of Appeal of Florida · 1977
  3. Marshall v. Hollywood, Inc.District Court of Appeal of Florida · 1969
  4. ITT Rayonier, Inc. v. WadsworthSupreme Court of Florida · 1977
  5. Chasteen v. ChasteenDistrict Court of Appeal of Florida · 1968

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3Cited by1 opinion

  1. Leonard M. Harrell v. Doyle Alva Wester, Eugenia W. Pelt and Billy Wester Dickson, Pencie W. WesterCourt of Appeals for the Eleventh Circuit · 1988

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