Coffee v. Groover

Citations

• 20 Fla. 64

Syllabus

<p>1. A former adjudication of the cause of action is not proper ground of a motion to dismiss, but is matter of defence.</p> <p>2. fu ejectment all matters of legal defence (excepting special denials of possession and denials of adverse claim under tire statute) may be given in evidence under the plea of not guilty. Special pleas of matter affecting the legal title or in estoppel should be struck out. A judgment sustaining a demurrer to such pleas will not preclude proof at the trial of the facts pleaded.</p> <p>3. Grants of land by a government defacto of parts of a disputed territory in its possession are valid against the State which may he ultimately found to have the right, and the rights of the inhabitants to property acquired in good faith from the de facto government, are respected. Ro-affirming Groover vs. Golfee, 19 Fla., 61.</p> <p>4. When a doubtful or disputed boundary is settled by agreement between States and duly ratified, such agreement does not operate retrospectively so as to disturb titles to property.</p> <p>5. When a deed does not locate the land described as being in a given couuty or State, oral testimony is competent to identify the promises as to location and boundaries.</p> <p>6. A certified copy of a will as “a true copy from the records of this office,” without any mention that the will had been duly proved or admitted to probate and containing no copy of the probate or record of the proper tribunal, is not legal evidence.</p> <p>7. When a,jury brought into a court a verdict in ejectment, in favor o£ the plaintiffs generally and for damages, and, before the verdict is entered in the record, the court instructed them to bring in a verdict in the form required by law, and directed that a proper form.ho prepared, which being done the jury retired and brought in their verdict in legal form, signed by their foreman, upon which judgment is entered, there is no error in the proceedings. A jury may vary or correct a verdict before they are disc