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Byrne Realty Company v. South Florida Farms Company

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eBook details

  • Title: Byrne Realty Company v. South Florida Farms Company
  • Author : Supreme Court of Florida
  • Release Date : January 06, 1921
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 93 KB

Description

WHITFIELD, J., (after stating the facts.) An original bill was brought against the Byrne Realty Company, the Barnett National Bank and William T. Abbott, by the South Florida Farms Company to remove as a cloud upon its title to certain lands, a certificate referred to as ""Exhibit A,"" held by Abbott, covering the lands and the proceedings had upon the certificate adverse to the complainant. The theory of the original bill is that the certificate was and is void, and that the certificate and the action taken thereon gives to the defendants no rights in the lands. The defendant, Abbott, having answered, filed a cross-bill against the complainant and against the heirs of John A. Henderson, deceased, the said heirs being made new parties for the purposes of the cross bill. The theory of the cross-bill is that John A. Henderson acquired from one of the Trustess of the Internal Improvement Fund, the certificate ""Exhibit A,"" covering the lands, for services rendered to the Trustees of the Internal Improvement Fund of the State, and that pursuant to a contract previously made with Kreamer and Dunne, Henderson endorsed and delivered the certificate to Kreamer and Dunne and received therefor certain payments as the purchase price of the lands covered by the certificate, which certificate is now the property of Abbott, and that the Trustees and Henderson and his heirs held the title (whether legal or equitable) to the lands, in trust for the holder of the certificate; and that if the South Florida Farms Company purchased the


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