Legal Opinion

Neal v. Spooner

Supreme Court of Florida

Decided June 15, 1883PublishedCited by 18 opinions

Appeal from the Circuit Court for Jackson county. This was an action of ejectment commenced October 24, 1881, in the names of Joseph II. Spooner, Francis M. Spooner, Sarah J. Spooner and Mary E. Spooner, as plaintiff's, against the appellants, Bennett P. and Benjamin TI. Real, in Jackson county.

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Appeal from the Circuit Court for Jackson county. This was an action of ejectment commenced October 24, 1881, in the names of Joseph II. Spooner, Francis M. Spooner, Sarah J. Spooner and Mary E. Spooner, as plaintiff's, against the appellants, Bennett P. and Benjamin TI. Real, in Jackson county. The defendants pleaded as follows : 1. That they are'not guilty. 2. That they hold possession of the lands described By virtue, of a tax deed made to them on the 7th day of October, 1872, they having purchased the same, at a tax sale made on the 2d day oí October, A. I). 1872, before the court-house…

1Opinion of the Court

Ti-ie Chiett Justice delivered the opinion of the court.

' I. The appellants assign for error the ruling of the court in sustaining the plaintiff's demurrer to the second plea, and in sustaining the plaintiffs’ motion to strike out the third and fourth pleas.

Upon examination of the second plea it is at once perceived that it sets up a claim of title and possession under a tax deed executed five days after the tax sale, whereas the statute forbade the execution of the deed until one year after the sale. The deed was, therefore, void upon its face. Besides this, this plea in terms alleges…

2Cases cited4 opinions

  1. Wade v. DoyleSupreme Court of Florida · 1880
  2. Hogans v. CarruthSupreme Court of Florida · 1882
  3. Stewart v. MillsSupreme Court of Florida · 1881
  4. Meinhard, Bros. v. LilienthalSupreme Court of Florida · 1880

3Cited by18 opinions

  1. Hoodless v. JerniganSupreme Court of Florida · 1903
  2. McKinnon v. JohnsonSupreme Court of Florida · 1909
  3. Coffee v. GrooverSupreme Court of the United States · 1887
  4. Knabb v. Reconstruction Finance CorporationSupreme Court of Florida · 1940
  5. Supreme Lodge Knights of Pythias v. LipscombSupreme Court of Florida · 1905

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