Hope v. Hope
Hope v. Hope
Opinion of the Court
The appellants’ and appellees’ predecessors in title were co-tenants in the land at
The appellants argue that under equitable principles, a co-tenant cannot gain sole title to a co-tenancy by paying the taxes and obtaining a tax title. See, e.g., Johnson v. Johnson, 179 So.2d 112 (Fla.2d DCA 1965); Albury v. Gordon, 164 So.2d 549 (Fla.3d DCA 1964). Recognizing this equitable doctrine, the Allen court held that a co-tenant’s interest survives the issuance of a tax deed to a co-tenant, but that MRTA could extinguish that interest if timely notice was not filed pursuant to section 712.-05. 383 So.2d at 1171-72. The appellants’ attempts to distinguish Allen are unavailing. MRTA’s language is clear and broad, and its purpose is to allow persons to rely upon marketable record title as defined in section 712.02. We therefore apply the reasoning of Allen to the circumstances of this case. See also I.T.T. Rayonier, Inc. v. Wadsworth, 346 So.2d 1004 (Fla. 1977).
The summary judgment in favor of the appellees is
AFFIRMED.
. Ch. 712, Fla.Stat. (1979).
Reference
- Full Case Name
- Julius HOPE, Jr. Peggy L. Goodwine, Linda G. Harris, and Shirley Graham, as distributees of the Estate of Wilson Graham and substituted parties v. Eartha HOPE, Elijah Hope, Frances Hope, Alphonzo Richards, Nathaniel Richards, Annie Pearl Miller, and Benjamin Hope
- Cited By
- 2 cases
- Status
- Published