The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-06-14

| for state and county taxes assessed
thereon and not paid. or any other per-
son holding such title by direct OF
mesne conveyance from or under such
person, who. in either case has paid
all the taxes on said real property le-
gally payable after the date of the said
tax deed and has also taken and held
| by himself or his predecessor In the
| tax title, actual possession OF the said
real property for not less than one year
subsequent to the date Of the tax deed
and II then still In such possession,
shall be entitled to file bill in chan
Gerry to test and quiet the title to such
real property.
Sec. Q. There the owners Of the
property Is unknown and the fact ap-
pears by direct allegation Of the bill,
the person to whom the property was
assessed the year for the taxes OF
which the sale was had, and on which
assessment and sale the tax deed Is
based, shall be made defendant TO the
bill; and If the owner IL unknown, and
the property has been as unknown the
property itself shall be made the de-
PENDANT to the bill, and service shall
be made by publication Of the notice
hereinafter provided. II the party de-
PENDANT disclaims title, the land may
be substituted as defendant. All bills
filed under this act, shall be verified
by the oath Of the complainant, his
agent or solicitor.
Sec, 3. In every such proceeding the
clerk of the circuit court shall make an
order which must be published in some
newspaper published in the county four
calendar weeks Immediately prior to
the first possible rule day which order
shall be in substantially the following
form:
court and title of the cause, and
description Of the property.
To Whom it May Concern:
Upon the application Of ...-
solicitor for the complainant ...
in the above entitled cause, it Is or
dered that on or before the ...... rule
day, being ............ A. D. in said
court you appear to and answer the bill
filed and set forth the nature Of your
respective rights, to, interest in or
heirs upon the real estate situate in
the county of .......... and state of
Florida above described.
1t is further ordered that this order
be published In newspaper published
in ........ county, Florida, once a
week for four calendar weeks prior to
the said rule day.
Witness my hand and seal of the
said Circuit court this ........ day of
49,.
(SeaD Clerk Circuit Court.
must be duly made by affidavit, and
any person interested in said real prop
erty may become a defendant by filing
an answer setting forth a sufficient in.
terest. In all suits wherein such order
and publication shall be made, the in
terests rights and liens of all persons
in, to and upon the said real property
shall be concluded to the same extent
as though they had been named and
served as parties defendant in such
suits.
Sec. 4. Proof of actual possession
required by section l of this act shall
be made in all cases whether the bill
be taken as confessed or not and the
final decree shall definitely determine
defendant to the suit, and all persons
claiming by through or under either of
them, and in case teh land be made
party defendant, the decree shall de-
termine the title to the land absolutely
and shall be an absolute bar against
all other persons, unless the court pro-
ceedings are void for want of jurisdic-
ton. But in all cases before a decree
pro confesSo is entered the court shall
inquire whether there is any reason to
believe that infants or lunattcs are in
terested in the lands, and If there be
found any such, shall protect their in
terests according to the usual course
of chancery practice.
Sec 5. The complainant in any suit
brought under this act may include all
or any part of the lands to which he
claims title, and shall not be required
to bring separate suits on the real
property described in each particular
tax deed under which he claims title.
Sec. s. The word person" as used
in this act includes corporations. The
singular includes the plural and the
words he" or his" includes the ferni
nine when the context so requires or
admits.
The order provided to be published
by section of this bill shall be pub
lished in a newspaper published in
.......... county, Florida.
In securing tax deeds now, the pur-
chaser of the tax certificate often
makes 1t a point to publish the notice
of application for tax deeds in some
obscure paper, or in some paper pub
lished in a different part of the county
than that in which he has cause to
believe the land is situated. Often the
land is assessed to some man who does
not own the same. Under this bill,
upon such suit being brought, he would
disclaim ownership. The lands would
then be substituted as defendant"
Under this bill, the party claiming
under a tax deed would only be re-
ouired to hold actual possession" for
a year, in order to bring such suit.
Unfair and Unjust.
This bill is unfair and is unjust to
thousands of citizens Of Florida, whose
property may have accidentally been
sold for taxes. 1t is unjust to thou
sands of non-residents. There are men