Hope v. Hope

COBB, Judge.

The appellants’ and appellees’ predecessors in title were co-tenants in the land at *213issue. The appellants sued the appellees, seeking various relief, including partition. The appellees answered, raised several affirmative defenses, and counterclaimed to quiet title. The parties agreed that the only issue for the trial court’s determination was whether the marketable record title act (MRTA)1 applies where a tax deed has been granted a co-tenant and the rights of third parties are not involved. Relying upon Allen v. St. Petersburg Bank & Trust Co., 383 So.2d 1171 (Fla.2d DCA 1980),…