Barclay v. Bank of Osceola County

Citations

• 82 Fla. 72
• 89 So. 357

Syllabus

<p>1. A contract requiring the vendor to furnish “an abstract showing a merchantable fee simple title” to land in him is not complied with by delivering an abstract which shows the record title to be defective, accompanied with affidavits showing adverse possession of the property for the statutory period by the vendor or some predecessor in title under whóm he claims.</p> <p>2. A contract for the purchase of land requiring “an abstract showing a merchantable fee simple title” in the vendor is not complied with unless the title is shown to be good of record and may not be satisfied by affidavits tending to prove title by adverse possession.</p> <p>3. A deed of conveyance of land in this State in order to be valid must be in writing signed, sealed and delivered by the grantor in the presence of at least two subscribing witnesses.</p>