Clem v. Meserole

Citations

• 44 Fla. 234

Syllabus

<p>1. Before1 a sheriff’s deed is admissible in evidence for the purpose of proving title thereunder, a valid judgment and execution must be shown, whether such judgment emanated from a court of general or one of limited jurisdiction, and whether the party against whom the judgment was rendered be the party against whom it1 is offered or not. To the extent that the decision in Hartley v. Ferrell, 9 Fla. 374, conflicts with this rjile, it is overruled. (Mabry, X, dissenting.) ,</p> <p>2. Prios to the enactment of. Chapter 4723, Act of 1899, a judgment entry alone, unaccompanied by any other part of the , record of such judgment or a sufficient explanation of its 1 absence, when offered in evidence for a purpose other than to show the mere fact of its rendition, was inadmissible if seasonably objected to, and the rule was the same even though such judgment emanated from a court of general jurisdiction, or contained general recitals of jurisdictional facts. (MABRY, X, dissenting.)</p>