Cleland v. Long

Citations

• 34 Fla. 353

Syllabus

<p>1. Under the act of November 15th, 1828, acknowledgment or proof of the execution of a deed before the officer authorized by law to record the same, or before some judicial officer of the Territory, was required before the deed could be duly recorded.</p> <p>2. Under the act of November 22d, 1828, clerks of county courts-were authorized to record deeds, mortgages, wills and other instruments required by law to be recorded.</p> <p>8. Where the certificate of acknowledgment, orproof of the execution of a deed, refers to the instrument itself in such manner as to connect the two, they may be considered together in determining the sufficiency of the proof of execution.</p> <p>4. The attestation clause of a deed recited that the deed was signed, sealed and delivered in the presence of two persons named, and one of them made oath before the county judge that the grantors in the deed, in the presence of the witnesses named signed and sealed the instrument as and for their act and deed, and for the uses and purposes therein expressed : Held, The proof sufficient to admit the deed to record as being duly recorded.</p> <p>5. A liberal construction obtains in favor of sustaining the proof of the execution of deeds and other instruments required to be acknowledged or proven for record.</p>