Legal Opinion

Simms v. City of Tampa

Supreme Court of Florida

Decided June 15, 1906PublishedCited by 4 opinions

This case was decided by Division B. Appeal from the Circuit Court for Hillsborough County. STATEMENT. The municipality of the city of Tampa on August 12th, 1903, filed its bill in the Circuit Court of Hillsborough county in equity against the appellants and one F. Rumeli to enforce and foreclose various liens that it held or '•claimed upon a certain lot of land located in said city of Tampa for city taxes assessed against said lot.

Read the full summary

This case was decided by Division B. Appeal from the Circuit Court for Hillsborough County. STATEMENT. The municipality of the city of Tampa on August 12th, 1903, filed its bill in the Circuit Court of Hillsborough county in equity against the appellants and one F. Rumeli to enforce and foreclose various liens that it held or '•claimed upon a certain lot of land located in said city of Tampa for city taxes assessed against said lot. This proceeding resulted in a decree in favor of the city in which a master was appointed and authorized to sell the lot at public sale for the collection of the…

1Opinion of the CourtTaylor, J.

(after stating the facts) : There was no error in the order made and questioned here. It is well settled that restitution, on reversal of a judgment, can be compelled only from parties to the record, or from their beneficial assignees, or, in case of the death of the execution plaintiff, from his executor or administrator. Restitution cannot be compelled from third persons, strangers to the record, who were hona fide purchasers at a sale under process dependent upon a judgment subsequently reversed, or who acquired Iona fide collateral rights there*645under, and tlieir rights are in no way…

2Cases cited5 opinions

  1. Garvin v. WatkinsSupreme Court of Florida · 1892
  2. Stroud v. CaseyTexas Supreme Court · 1860
  3. Hanschild v. StaffordSupreme Court of Iowa · 1869
  4. Florida Central Railroad v. BisbeeSupreme Court of Florida · 1881
  5. Griggs v. Detroit & Milwaukee Railway Co.Michigan Supreme Court · 1862

3Cited by4 opinions

  1. Sundie v. HarenSupreme Court of Florida · 1971
  2. Lindsley v. PhareSupreme Court of Florida · 1934
  3. Baum v. HeimanDistrict Court of Appeal of Florida · 1988
  4. Am. Bankers Life v. Williams, Salomon, KannerDistrict Court of Appeal of Florida · 1981

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API