Doe ex dem. Magruder v. Roe

Citations

• 13 Fla. 602

Syllabus

<p>1. A deed of conveyance of lands, executed by a person out of possession, is void as against a party holding adverse possession.</p> <p>3. A defendant in ejectment may show twenty years’ possession by himself and those under whom he holds, adverse to the possession of the plaintiff and those under whom he claims; and if the plaintiff has not been prevented from prosecuting his claim within the twenty years by reason of some legal disability, he cannot recover.</p> <p>3. A deed of conveyance executed by the Trustees of the Internal Improvement Fund does not carry with it a presumption that the title was in them and that they could lawfully convey the premises. Their title is not original, and, like that of any other party, should be proved, and is subject to be overcome by a superior title.</p> <p>4. Tlie volumes of “ American State Papers,” published under the authority of Congress, containing copies and translations of the original grants or concessions of lands by the Spanish government, are as valid evidence in the investigation of claims to lands in courts of justice as though they were authenticated in any other mode recognized by law.</p> <p>5. A copy of a document or record, duly certified by the officer legally in possession of the original, is lawful evidence, on general principles, equally with the original.</p> <p>0. The grants or concessions of lands made by the Spanish government, anterior to tire treaty of cession whereby Florida was annexed to the United States, are deemed to have been ratified and confirmed by the eighth section of the treaty, without further action by Congress.</p> <p>7. When a bill of exceptions is signed by the judge, it will be presumed that it was signed within the time prescribed by law, unless there is in the record some evidence to the contrary.</p>