the same having been argued and submitted by counsel for the respective parties
hereto, and the Court being advised in the premises, thereupon, upon consideration
hereof, it is ordered adjudged and decreed as follows to wit:
First; - That the assessment and certification of the property described in complainants
bill, to wit; "All that certain lot tract, piece or parcel of land, situated, lying and
being in Alachua County Florida, and described as being the North West quarter of
section Eighteen (18) in Township Nine (9) south of range Seventeen (17) East"
for taxes for the year 1892, made by the assessor of taxes for Alachua County Florida
was illegal and without authority of law, and the certification of said property
to the State of Floria predicated upon said assessment, was, and is, illegal and
without authority of law and that the same be cancelled and annulled and
that the Clerk of this Court do make a marginal entry of such cancellation
upon the records of his office.
Secondly. That the tax deed made by H.L. Mitchell as Governor, and John L.
Crawford as Secretary of State on the fourth day of April 1895 to W.F. Hughey
the defendant, which appears of record in deed book 42 of the records of
Alachua County Florida, at page 480, was made without authority of law, and
is illegal and void, and that the same be cancelled and annulled, and that
the Clerk of this Court do make a marginal entry upon the records in
his office where the said deed is recorded, showing the cancellation hereof,
and that the defendant W.F. Hughey do surrender and file with the Clerk
of this Court the said original deed to be cancelled.
Third. - That the injunction granted and issued in this cause on February
same
8th 1896, be and the^is herein and hereby made perpetual, and the said
W.F. Hughey, defendant his agents attorneys and employees, are herein
and hereby perpetually restrained and enjoined, from taking possession
of, and from in any way interfering with, or disturbing the complainants
possession of the said real estate, and from exercising or attempting to
exercise any ownership or control, of, right or title to the said real
estate, by virtue of the said deed made by the State of Florida as aforesaid
by the said H.L. Mitchell Governor, and the said John L. Crawford Secretary
of State as aforesaid.
It is further ordered, adjudged and decreed, that the defendant do
pay the costs in this case to be taxed up by the Clerk of this
Court, and that execution do issue therefor, upon application of
solicitor for complainants.
Done and ordered at chambers at Live Oak Florida, on this 15 day
of September AD 1898
Jno F. White
Judge of the Circuit Court, of the
Third Judicial Circuit of Florida
Filed 17th day of September 1898
Recorded 23rd of September 1898
H.C. Denton
Clerk Circuit Court
pr S.H. Wienges DC
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