Cross v. Robinson Point Lumber Co.

Citations

• 55 Fla. 374

Syllabus

<p>1. Where in- a suit in ejectment the typewritten transcript of the record shows that a deed was introduced in evidence, with the word “Seal” enclosed in parentheses following the names of the grantors signed to the deed, an objection that the deed was without a seal is not sustained</p> <p>2. Where in ejectment the depositions of two old persons were offered in evidence containing a writing offered as a deed made by them in 1874, which does not describe the land in controversy, and is not under seal, and also an affidavit of one of them made afterwards to the effect that he had executed a deed of the lands in controversy to a person through whose heirs the defendant seeks to hold the property, in 1859, or in i860, and that when he subsquently made a deed of the said land to a person through whom the plaintiff claims the land, the affiant thought he was duplicating the original deed made in 1859 or i860, the court committed no error in striking the deed and affidavit from the depositions, although the party offering the depositions in evidence claimed the right to do so to avoid the contradictions and unfavorable testimony contained in the depositions.</p> <p>3. A deed was offered in evidence by the plaintiff, as a link in his title, which was attested by a witness thereto-, who furnished a part of the purchase money for the land, and the title was taken by the grantee in trust for this witness and the person who furnished the rest of the purchase money. The grantee in the deed sold and conveyed the land before the suit in this case .was brought, and divided the purchase money between the witness to the deed and the other person entitled thereto. The deed on its face did not show the' interest of the witness, and it does not appear that the plaintiff at the time of the purchase and conveyance of the property, had any knowledge that the witness to the deed had any interest therein when it was executed. Held, under these circumstances applying our statute removing t