American Trust Co. v. Fennell

Citations

• 78 Fla. 535
• 83 So. 386

Syllabus

<p>X. In proceedings to remove a cloud upon title, the complainant must in his bill allege with clearness and accuracy the validity of his own title. If he does so in general terms it may be a sufficient allegation; but if he supplements such general allegations with specific ones by which he undertakes to deraign his title through mesne conveyances and fails by such specific allegations to show with clearness, accuracy and certainty the validity of his title, the showing made as to title will be deemed to be insufficient.</p> <p>2. When a deed conveying lands purports to have been executed by an officer of court under a decree and it is sought to use the deed in evidence as title to the lands, the power or authority to make the deed must be shown unless waived.</p> <p>3. There can be no waiver by a guardian ad ñtem in a causé oí a minor’s interests which are secured by statute or rule of court.</p> <p>4. Where an appeal is taken by one party in a cause and notice is served upon others against whom the decree is entered but who did not actually join in the appeal, such notice if served by the sheriff of the county will be regarded as equivalent to a summons from this court upon which an order of severance may be made.</p>