23 So. 2d 621 | Fla. | 1945
David G. Jenkins was formerly the owner of a subdivision lot in Fort Lauderdale, Florida. On June 9, 1939, the property reverted to the State of Florida for nonpayment of taxes by virtue of the provisions of Chapter 18296, Acts of 1937, sometimes known as the Murphy Law. On June 19, 1944, Julian E. Ross purchased the property at public sale from the Trustees of the Internal Improvement Fund pursuant to notice of sale duly given the former owner. On October 11, 1944, the Trustees of the Internal Improvement Fund conveyed its interest in the property to Ross, who recorded the deed in the public records of Broward County, Florida, on October 30, 1944. Thereafter, on April 26, 1945, *521 Ross and wife conveyed the property by quit claim deed to Devon Corporation. On the same date the corporation recorded the deed in the public records of Broward County. On March 8, 1945, David G. Jenkins, the former owner, joined by his wife, as grantors, executed a quit claim deed to the property to June Sand Company. The deed was recorded in the public records of Broward County on May 5, 1945.
On May 10, 1945, Devon Corporation instituted suit in the Circuit Court of Broward County against June Sand Company for the purpose of quieting and confirming its title as against the claim asserted by the latter arising out of the quit claim deed which it had procured from Jenkins. It is alleged in the bill of complaint, and admitted by the answer, that the land is wild, unimproved and unoccupied and not in possession of anyone; that the plaintiff has had the land surveyed and staked; that plaintiff derives its title or interest in the land from Ross who, in turn, had acquired the property from the Trustees of the Internal Improvement Fund. It is likewise admitted that the land reverted to the State of Florida under the Murphy Law; that the sale of the property by the Trustees of the Internal Improvement Fund to Ross was held pursuant to notice duly given the former owner; and that in all other respects the sale was held in accordance with law and the rules and regulations adopted by the Trustees of the Internal Improvement Fund for the sale of such property. Testimony taken before the chancellor sustained the allegations of the bill of complaint, and a final decree was entered in favor of the plaintiff. On appeal from the final decree, the defendant asks us to define the nature of the title acquired by Ross from the Trustees of the Internal Improvement Fund, and whether Devon Corporation as grantee of the title may maintain its suit against the successor in title of the former owner.
It is our view that when Jenkins allowed his property to revert to the State for nonpayment of State and County taxes under Chapter 18296, Acts of 1937, the fee simple title to the property became absolutely vested in the State. By reason of the provisions of Section 9 of the Act every right, title or interest of every kind or nature of the former owner of the *522
land, his privies, and private lien holders thereupon ceased, terminated and came to an end; and the right of such persons to redeem the lands or claim any interest therein by virtue of a prior title, interest or lien became extinguished. See Bice v. City of Haines City, et al.,
The sale of the lands by the Trustees of the Internal Improvement Fund to Ross was held and conducted in full accordance with the statutes, rules and regulations controlling such matters. This being true, we are of opinion that the title acquired by Ross from the State of Florida was a fee simple title to the lands sold, divested of any claim of right, title or interest of the former owner or his privies, and free from liens of private lien holders, and subject only to such liens in favor of other taxing units as existed under valid taxation statutes at the time the land became the property of the State of Florida under the Murphy Law. See Helen M. Jackson and E.J. Camit v. City of Lake Worth, a municipal corporation, et al., opinion filed October 16, 1945, and not yet reported. The deed procured by Ross from the Trustees of the Internal Improvement Fund constituted the first instrument of conveyance in a new, complete, exclusive and paramount chain of title emanating from the sovereign authority.
The final question necessary for decision concerns the right of the plaintiff to maintain a bill in equity against June Sand Company for the purpose of having its title quieted and confirmed as against the quit claim deed given by the former owner subsequent to the time that the title had passed from the Trustees of the Internal Improvement Fund to Ross. It *523 is urged by the defendant below that the only authority for the maintenance of such action is Chapter 21822, Acts of 1943, and that such statute is unconstitutional in that it impairs the obligation of contract and deprives an owner of his property without due process of law.
The record shows that after Ross acquired his title to the land from the State of Florida he executed a quit claim deed of his interest or title to Devon Corporation. The grantee promptly recorded the deed in the public records prior to the time that the deed from Jenkins to June Sand Company was placed of record. By the conveyance from Ross the Devon Corporation obtained a fee simple title to the lands involved; it being a well-settled rule that by the execution and delivery of a quit claim deed the grantee therein acquire such title as the grantor held at the time of the conveyance. Rabinowitz v. Houk,
Under such situation a bill in equity may be maintained by the true owner for the purpose of removing the cloud on title. Taff v. Hodge,
The allegations of the bill of complaint filed by Devon Corporation were sufficient to authorize the plaintiff to proceed under Section 66.11 supra, without regard to other statutes which may, perhaps, afford a similar remedy. This being so, it is not necessary for us to decide whether Chapter 21822 Acts of 1943 is a constitutional enactment. Neither is it necessary for us to consider other questions posed by the appellant.
The decree appealed from is affirmed.
It is so ordered.
CHAPMAN, C. J., BROWN and THOMAS, JJ., concur.