Alachua County Clerk of the Court Seal Alachua County Clerk of the Court
J.K. "Jess" Irby, Esq. - Clerk of the Court
Ancient Records
Judgment Docket 9
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Judgment Docket 9 Page 251
being present and hearing argued and submitted the cause, and the
Court being advised in the premises thereupon upon consideration hereof, it
is ordered adjudged and decreed as follows to wit:
1st, that original Bill of complaint filed herein by the Ellsworth Trust 
Company be and the same is herein and hereby dismissed and the injunction
granted therein dissolved.
2nd That at the time of the filing of the original and cross bills in this
cause the complainant in cross bills the G.B. Griffin Land Company was
the owner of the fee simple title and in the possession of the property
involved in the suit, situated in Alachua County Florida, and described
as follows to wit: The West half of section 22 in Township 10, South of Range
21 East, and containing 320 acres of land more or less, and that the assessment
of the said lands for taxes of 1888 and the certificates of sale predicated thereon
dated the 2d of September 1889, were illegal and void and the transfer of
said certificates by the State of Florida to E.S. Ellsworth on the 10th of
April 1890, was without authority of law, and the deed made by the
Clerk of the Circuit Court of Alachua County Florida to E.S. Ellsworth
predicated upon said illegal assessment and illegal sale was void
although regular on its face and is a cloud upon the title of complainant
in cross bill, and that the said deed be cancelled and annulled and
that the Clerk of this Court do make the same cancelled upon the record
of Alachua County Florida in Tax Title Book B at page 697 and that
the Ellsworth Trust Company do surrender said deed for cancellation.
3d, That the deed made on the 25th of June 1891 by E.S. Ellsworth
and wife to John C. Amendt recorded in Deed Book 25 of the records of
Alachua County, Florida at page 315, and the deed made by John
C. Amendt and wife on the 1st day of April 1893 to Ellsworth Trust
Company and recorded in Deed Book 38 at page 327 constitute
a cloud upon the title of complainant in cross bill, and although
regular upon their face are illegal and void, and that the same
be cancelled and that the Clerk of the Circuit Court of Alachua
County Florida, do cancell said Deeds and each of them, do make
a note of such cancellation upon the margin of the record where
said deeds are recorded and that the said Ellsworth Trust Company
do surrender said Deeds for cancellation.
4th That the defendant in cross bill, the Ellsworth Trust Company
its agents Attorneys and employees, be and they are hereby perpetually
restrained and enjoined from claiming or exercising any right to or
interest in the said property to wit: The West half of section 22 in
Township 10, South of Range 21, East in Alachua County, Florida.
predicated upon the said Tax deed and the several conveyances
hereinbefore recited and from entering upon the said property
or in anyway interfering with the possession of the same
And it is further ordered and decreed that the defendant in
cross bill, the said Ellsworth Trust Company do pay the costs
of both the original and cross suits to be taxed up by the
Clerk of this Court and that an execution do issue therefor
Transcribed by Charlotte Vallellanes 2 May 2015
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