Sisson v. La Porte

Supreme Court of Florida

Sisson v. La Porte

19 So. 2d 323, 154 Fla. 860, 1944 Fla. LEXIS 836

Supreme Court of Florida·Decided September 29, 1944·Published·Cited by 1 cases

Opinion

TERRELL, J.:

This appeal is from a decree dismissing a bill of complaint designed to set aside a tax deed dated October 5, 1942. The theory of the bill was that notice of application for the tax deed was not mailed to the legal owner as the law of that time required.

If the case is not controlled by Kester v. Bostwick, decided July 30, 1943 and reported in 153 Fla. 437, 15 So. (2nd) 201, then by the record, it should be affirmed because there is ample showing that the notice in question was mailed to the title holder of record and that is sufficient.

Affirmed.

BUFORD, C. J., THOMAS and SEBRING, JJ., concur. BROWN, CHAPMAN and ADAMS, JJ., dissent.

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TERRELL, J.:

This appeal is from a decree dismissing a bill of complaint designed to set aside a tax deed dated October 5, 1942. The theory of the bill was that notice of application for the tax deed was not mailed to the legal owner as the law of that time required.

If the case is not controlled by Kester v. Bostwick, decided July 30, 1943 and reported in 153 Fla. 437, 15 So. (2nd) 201, then by the record, it should be affirmed because there is ample showing that the notice in question was mailed to the title holder of record and that is sufficient.

Affirmed.

BUFORD, C. J., THOMAS and SEBRING, JJ., concur. BROWN, CHAPMAN and ADAMS, JJ., dissent.

Sisson v. La Porte, 19 So. 2d 323, 154 Fla. 860, 1944 Fla. LEXIS 836 (Fla. 1944).

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Opinion

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