29 Fla. 573 | Fla. | 1892
Appellant, as complainant, filed a bill in the Orange county Circuit Court against appellee, to remove an alleged cloud from the title of certain real estate situated in said county. The bill alleges that “your orator” (appellant here) “is the owner of a tract of land in Orange county, Florida, by patent from the United States of America, consisting of one hundred and sixty acres of land, more or less, and described as follows, to-wit: -The NWi of SE*, and the W% of the NE£, and the NEJ- of NE¿ of section 3, township 21, S. of range 28 East. Your orator shows that the above described premises owned by your orator were valued for purposes of taxation at the sum of eight hundred dollars, and the sum of thirteen dollars was accessed against your orator and upon said premises as State and county taxes for the year 1884. Your orator shows that on the Sd day of July, 1888, the oollsstor of revenue for Orange county filed in the county clerk’s office a delinquent Mat of tex-payors, sad published notice of all the lands embraced in caid delinquent list, among which was the land of your orator cb hereinbefore described. Your orator further shows that
Upon a failure to plead, answer or demur, after service of process, and the entry of an appearance on the part of respondent, a decree pro confesso was regularly entered against him. On the application of said respondent the decree pro confesso was set aside and he was permitted to answer. A plea was first filed, and upon this being overruled, respondent filed an answer, to which the complainant filed a replication. Testimony was taken, and upon the cause coming on for final hearing the chancellor dismissed the bill, and from this decree the complaint below appeals to this court.
It is contended by appellant that the action of the court in vacating the decree pro confesso and permit
The decree of the chancellor dismissing the bill must be affirmed, for the want of jurisdiction but without prejudice, and it is so ordered.