Judges: PER CURIAM:
Attorneys: Ward Ward, H. Pierre Branning, and Morrow Mays, for appellants.
Albert B. Bernstein, Crawford May, and Elliott Adams, for appellee.
Filed: May 19, 1942
Latest Update: Mar. 02, 2020
Summary: Challenged on this appeal is a foreclosure decree holding valid and a first lien on the land described in the tax sale certificate numbered 41113, issued by the City of Miami on June 1, 1931, for the unpaid taxes for the year 1930. The certificate issued to W.T. Roberts and the description of the land is viz: "Miami South, Lot 1 Blk 103 S less W'Ly 484.95' and Part deeded to City and Less St. also less parcel for Bridge Approach being 125' on SE 5th St. 68.2' on river as per res 4211 Brickell Ho
Summary: Challenged on this appeal is a foreclosure decree holding valid and a first lien on the land described in the tax sale certificate numbered 41113, issued by the City of Miami on June 1, 1931, for the unpaid taxes for the year 1930. The certificate issued to W.T. Roberts and the description of the land is viz: "Miami South, Lot 1 Blk 103 S less W'Ly 484.95' and Part deeded to City and Less St. also less parcel for Bridge Approach being 125' on SE 5th St. 68.2' on river as per res 4211 Brickell Hom..
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An order of rehearing having been previously entered by this Court in the case at bar, the several issues involved were again orally argued by counsel for the respective parties. The contention of counsel as to the exceptions in the description of the land now appearing in the tax certificate, as well as the entire description therein, has been carefully weighed, considered and studied in the light of the contention of counsel. The briefs have been re-examined and the testimony of the witnesses and exhibits appearing in the record have been carefully studied for the second time. We have reached the conclusion that our former opinion should be, and on rehearing, adhered to.
It is so ordered.
BROWN, C. J., TERRELL, CHAPMAN, THOMAS and ADAMS, concur.
WHITFIELD and BUFORD, JJ., dissent.
