144 Fla. 801 | Fla. | 1940
As pointed out in our previous opinion, the answer alleged that Mrs. Douglass had been the equitable owner of the property since July 16, 1925, at which time she secured a (teed to the property, paid the purchase price thereof and went into possession, and that she is still the equitable owner thereof inspite of the fact that the conveyance to, her by the foreign corporation did not have the seal of the corporation affixed thereto. The answer further denied that the tax deed acquired by Alexander Harrop terminated the title of John W. Douglass and Gertrude All Douglass.
So we have in the bill an allegation to the effect that the tax deed issued to Alexander Harrop terminated or took away any title or interest which these appellants had in the property, and the allegation in the answer that the said tax deed did not have the effect of terminating the title of these appellants, which amounts to a denial of the allegation in Be W.
Prior to the enactment of the Chancery Act in 1931, where plaintiff set the cause down for hearing on bill and answer before filing a replication, and, consequently before the cause was at issue, plaintiff was held to have admitted the truth of all averments of the answer. Goodyear Tire Co. v. Daniel,
Under these rules, we are impelled to adhere to our previous opinion, especially when construed in connection with the principles laid down in the case of Lincoln National Life Insurance Company v. Gordy, quoted from in our previous opinion.
We recognize the fact that plaintiff in its bill of complaint alleged that the bank had title and that such title had been acquired by the appellee by purchase at the sale under the decree in the first forclosure suit in which the bank was made a party defendant. We also recognize the fact that in 1934 a tax deed was issued to appellee, Tax Equities Incorporated, and that this is the tax deed that appellee has treated as a lien in its two foreclosure suits. Put the fact remains that the answer squarely denied that the tax deed issued to Alexander Harrop deprived Mrs. Douglass of her right, title and interest in and to this property, or that said tax deed acquired by Alexander Harrop terminated the *804 equitable title of John W. Douglass and Gertrude All Douglass.
Petition for rehearing denied.
TERRELL, C. J., WHITFIELD and BUFORD, J. J., concur.
THOMAS, J., agrees to conclusion.
CHAPMAN, J., dissents.
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