Legal Opinion

Mundee v. Freeman

Supreme Court of Florida

Decided June 15, 1887PublishedCited by 9 opinions

Writ of error to the Circuit Court for Marion county. The plaintiff in error sued the defendant in error, April 20, 1885, in an action of ejectment to recover the west half of the north-east quarter of section 2, township 15, south range 23, east, situate in Marion county and containing about eighty acres. ' The defendant pleaded not guilty, and the cause was referred to Richard McOonathy, Esq., for trial under the referee statute.

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Writ of error to the Circuit Court for Marion county. The plaintiff in error sued the defendant in error, April 20, 1885, in an action of ejectment to recover the west half of the north-east quarter of section 2, township 15, south range 23, east, situate in Marion county and containing about eighty acres. ' The defendant pleaded not guilty, and the cause was referred to Richard McOonathy, Esq., for trial under the referee statute. A motion for a new trial having been made by the plaintiff and granted, there was a second trial. The result of the second trial was a judgment in favor of the…

1Opinion of the CourtJustice Raney

I. If Freeman’s mediate grantor, Harris, had a- valid tax title, there is no necessity to discuss the question of the title of the former by adverse possession for seven years under a claim of right and color of title ; still, we may remark, that we have been forced to a consideration of the ■ validity of the tax title by the serious doubts left in our minds, after careful study, as to Freeman having shown a title by such adverse possession.

The tax sale was made July 1st, 1872, for unpaid taxes assessed in the tax year of 1871. This sale was regulated by the act of February 29, 1872, (Chapter…

2Cases cited9 opinions

  1. Witherspoon v. DuncanSupreme Court of the United States · 1867
  2. Carroll v. SaffordSupreme Court of the United States · 1845
  3. Sams v. KingSupreme Court of Florida · 1882
  4. Withers v. BairdSupreme Court of Pennsylvania · 1838
  5. Hogans v. CarruthSupreme Court of Florida · 1882

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McDaniel v. McElvySupreme Court of Florida · 1926
  2. Sloan v. SloanSupreme Court of Florida · 1889
  3. Bancroft Investment Corp. v. City of JacksonvilleSupreme Court of Florida · 1946
  4. Stackpole v. HancockSupreme Court of Florida · 1898
  5. State ex rel. Sanchez v. CallSupreme Court of Florida · 1895

4 more not listed; retrieve them via the Exa API.

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