Legal Opinion

State ex rel. Stieff v. Bradshaw

Supreme Court of Florida

Decided January 15, 1897PublishedCited by 4 opinions

Appeal from the Circuit Court for Orange county. STATEMENT. On August 10,1891, relator filed in tlie Circuit Court of Orange county his petition for mandamus, wherein it was alleged that on August 4, 1890, one S. S. Puckett, as tax collector of the city of Orlando, in Orange county, oifei’ed certain real estate for sale according-to law in said city for the non-payment of taxes assessed against the same for the year 1889, together with the costs and charges due therewith,…

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Appeal from the Circuit Court for Orange county. STATEMENT. On August 10,1891, relator filed in tlie Circuit Court of Orange county his petition for mandamus, wherein it was alleged that on August 4, 1890, one S. S. Puckett, as tax collector of the city of Orlando, in Orange county, oifei’ed certain real estate for sale according-to law in said city for the non-payment of taxes assessed against the same for the year 1889, together with the costs and charges due therewith, which taxes-w.ere then and there due said city of Orlando; that the-sale had been advertised according to the statutes of…

1Opinion of the Court

Carter, J.:

This court has more than once recognized the propriety of enforcing by mandamus the execution of tax: deeds by clerks of the Circuit Courts upon tax certificates presented after the period of redemption has expired, the holders thereof having complied with all conditions entitling them to such deeds. State ex rel. Warwick vs. Jordan, 36 Fla. 1, 17 South. Rep. 742; State ex rel. Lewis vs. Bradshaw 35 Fla. 313, 17 South. Rep. 642; Hull vs. State ex rel. Rollins, 29 Fla. 79; 11 South. Rep. 97. And there can be no doubt that mandamus is the proper remedy in such cases. 2 Blackwell on…

2Cases cited5 opinions

  1. Hull v. State ex rel. RollinsSupreme Court of Florida · 1892
  2. State ex rel. Davenport v. McDonaldSupreme Court of Minnesota · 1879
  3. Hull v. GreeleySupreme Court of Florida · 1893
  4. State ex rel. Lewis v. BradshawSupreme Court of Florida · 1895
  5. State ex rel. Warwick v. JordanSupreme Court of Florida · 1895

3Cited by4 opinions

  1. In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920
  2. State Ex Rel. City of Billings v. OstenMontana Supreme Court · 1931
  3. St. of Fla., Ex Rel. Town of Crescent v. HollandSupreme Court of Florida · 1942
  4. Rott v. SteffensMichigan Supreme Court · 1924

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