United States v. 329.22 Acres of Land, More or Less

307 F. Supp. 34, 1968 U.S. Dist. LEXIS 12572
CourtDistrict Court, M.D. Florida
DecidedMay 2, 1968
DocketNos. 1246-Orl-Civ., 1252-Orl-Civ., 1294-Orl-Civ.
StatusPublished
Cited by9 cases

This text of 307 F. Supp. 34 (United States v. 329.22 Acres of Land, More or Less) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 329.22 Acres of Land, More or Less, 307 F. Supp. 34, 1968 U.S. Dist. LEXIS 12572 (M.D. Fla. 1968).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE C. YOUNG, District Judge.

This cause is before this Court for determination of the interest, if any, which SARAH E. WALKER may have in the condemnation awards in the tracts hereinafter listed. Final hearing was held pursuant to notice, evidence was introduced, arguments heard, and briefs have been submitted by all parties in interest.

[37]*37This Court on May 27, 1966, entered an order which provided, among other things, that the following cases are consolidated for all further proceedings as to the following tracts, namely, Case 1246-Orl-Civ., Tract 5340; Case 1252-Orl-Civ., Tract 3913; and Case 1294-Orl-Civ., Tract 3912. There are certain differences in the facts applicable to the three tracts, but many of the facts and legal conclusions are pertinent to all three of the tracts.

As to each of the tracts, SARAH E. WALKER, who was not named as a defendant in the original proceeding, has intervened, claiming ownership as of the respective dates of condemnation of Tracts 5340, 3912, and a part of Tract 3913. As to each tract, she deraigns her title through identical instruments. As to each tract the defense of the owner named in the condemnation proceeding is that SARAH E. WALKER is not entitled to the proceeds, first, because she has not sufficiently connected herself with the title, and second, that by reason of certain Murphy deeds as to each tract, the predecessor in title through whom she claims had lost all vestige of title prior to the attempted transfer to her. There are additional defenses, some of which apply to all three tracts and some of which do not.

Because of the different interests in the three tracts, the Court will enter herein findings of fact as to those features which the three tracts bear in common, and then separate findings of fact as to each of the three tracts, and then conclude with the Court’s conclusions of law applicable to the three tracts collectively.

FINDINGS OF FACT AS TO ALL THREE TRACTS COLLECTIVELY

1. Walker Properties, Inc., was incorporated under the laws of Florida on July 27, 1925. The names of each incorporator and the number of shares subscribed by each are stated in the certificate of incorporation as follows:

George R. Walker, 996 shares.
F. A. Newell, 2 shares.
F. N. Boudreau, 2 shares.

Although no direct evidence was offered that such shares were actually issued to George R. Walker, the Court concludes as a matter of fact, that the shares of stock in Walker Properties, Inc., were issued in accordance with the subscriptions as stated in the articles of incorporation.

2. Walker Properties, Inc., became the owner in the year 1925 of the premises now described as Tracts 5340 and 3912 and a substantial part of Tract 3913.

3. Walker Properties, Inc., was dissolved by proclamation of the Governor on November 23, 1936, under authority of Section 4, Chapter 16880, Acts of 1935, for failure to pay its corporation capital stock tax.

4. At the time of its dissolution, the members of the last board of directors and stockholders of Walker Properties, Inc., were as follows:

George R. Walker (996 shares)
F. A. Newell and (2 shares)
F. N. Boudreau (2 shares)

5. George R. Walker died on January 29, 1953.

6. F. A. Newell died on June 5, 1960, and his beneficiary has disclaimed any and all interest in the subject properties.

7. Frank Boudreau, also known as F. N. Boudreau, a single man, in his individual capacity and as surviving director and trustee of Walker Properties, Inc., (a dissolved Florida corporation) executed a quit claim deed to Sarah Walker, also known as Mrs. George Walker, dated and acknowledged August 6, 1963, filed for record August 13, 1963 and recorded in official record book 610, page 130 of the public records of Brevard County, Florida, reciting conveyance of premises in Brevard County, Florida as follows:

All of fractional Section 10; all except southeast 14 of fractional Section 11 and that triangular piece of land, [38]*38being the North part of Govt. Lot 1, Section 12 which lies East of Govt. Lot 1 in Section 11, all in Township 22 South, Range 37 East, with all riparian rights belonging thereto, including all lands located and being situated within Titusville Beach, according to the plat thereof, recorded in the Office of the Clerk of the Circuit Court of Brevard County, Florida in Plat Book 3, page 13 except the following described lots to-wit: Lots 1 to 11 inch in Blocks 15, 16, 17, 18 & 19; Lot 4, Block 2; Lots 1 & 2, Block 5; Lots 1, 4, 6, 11, 12, 13 & 14, Block 6; and Lots 3 & 4, Block 14. Also included under this deed is all right, title, interest, claim and demand in any of the stock in Walker Properties, Inc. that may have been owned by the Grantor.

8. The will of George R. Walker, deceased, was admitted to probate in the County Judge’s Court of Dade County, Florida in August 1966, and on August 18, 1966 an order was entered in that estate declaring that administration was unnecessary, and that by his said will, George R. Walker devised and bequeathed all his property to Sarah E. Walker.

9. Neither Sarah E. Walker nor any predecessor in title through whom she claims paid any real estate taxes assessed against either Tract 5340, Tract 3913 or Tract 3912 from the year 1939 through 1962, or any part thereof; nor has the intervenor Sarah E. Walker shown any return for taxation for the said tracts or any part thereof by herself or any predecessor in title through whom she claims during said times.

10. Neither Tract 5340 nor Tract 3913 nor Tract 3912 nor any part thereof has ever been the homestead of Sarah E. Walker or the homestead of any predecessor in title through whom she claims.

11. The plaintiff, United States of America, entered into possession of the respective premises pursuant to orders of Court granting such possession as follows:

As to Tract 5340, on July 20, 1962, pursuant to order entered on that date. As to Tract 3913, on August 6, 1962, pursuant to order entered on that date. As to Tract 3912, on December 13, 1962, pursuant to order entered on that date.

12. The intervenor Sarah E. Walker has wholly failed to show either by herself or by any predecessors through whom she claims, the filing of any action, or the doing of any act, or the making of any effort to exercise any dominion or control over the above tracts or any part thereof prior to receiving the quit claim deed of August 6, 1963 and her petitions to intervene herein.

13. Under the rules of the trustees adopted August 9, 1941, and in effect on the date of the sale of the properties in dispute, now known as Tract 3912 and part of Tract 3913, the Clerk of the Circuit Court was the person charged as agent of the Trustees to advertise the property for sale upon application, to receive and process applications, to conduct the sale, to make out the deeds, to give notice to the former owner or lien holder, and to receive and transmit the proceeds of the sale.

14.

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Bluebook (online)
307 F. Supp. 34, 1968 U.S. Dist. LEXIS 12572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-32922-acres-of-land-more-or-less-flmd-1968.