Bartley v. Bingham

Citations

• 34 Fla. 19

Syllabus

<p>1. A general appearance by the defendant in an action of ejectment cures all defects in the praecipe, the summons, the service thereof, and the statement required to be filed therewith.</p> <p>2. A verdict as follows: “We, the jury, find for the plaintiff, and that she is entitled to recover from the defendant the following premises in fee simple,” and describing the premises, is a sufficient finding of a right of possession of the plaintiff to the land described to authorize a judgment in her favor for the recovery of the same.</p> <p>■ 3. Slight variations in the verdict and judgment in the description of the land sued for, from the description stated in the praecipe and declaration, will not vitiate a judgment for possession of the same, where it appears with sufficient certainty that the lands are practically the same as those sued for.</p> <p>4. A description of land in a pleading or in a judgment or writ, is sufficient if a surveyor can, by use of such description, locate the land.</p> <p>5. A judgment for plaintiff in an action of ejectment should not be reversed because that porton of it awarding a writ to enforce • the judgment may describe the writ in language not technically exact.</p>