Doyle v. Wade

Citations

• 23 Fla. 90

Syllabus

<p>1. Under out statutes when administration has been granted to an administrator on the estate of a decedent, and said estate is unsettled and the administrator thereof not discharged, the heirs at law of such decedent cannot maintain a suit in ejectment for the recovery of real' estate of said decedent. The adminstrator is the proper party plaintiff in such a case.</p> <p>2. A judgment of the Circuit Court of the United States is a lien from the time of its rendition on the lands of the defendant therein, lying within the district over which the court has jurisdiction.</p> <p>3. A State statute providing that a judgment rendered in one of the counties of a judicial district shall not be a lien on land situate in another county of said district, unless the same is recorded in the latter county, is not applicable to judgments of a United States Court.</p> <p>4. When a ruling is made in a cause by this court it becomes the law of the case and cannot be reviewed by this court at a subsequent term thereof.</p> <p>■ 5. The effect of section 19 of the Statute of Limitations of February 27th, 1872, discussed and applied. Spencer vs. McBride, 14 Fla., 403, approved.</p> <p>6. Section 21, McC.’s Dig-., page 734, prescribing a time within which a new action or suit may be instituted, where a judgment in a former suit for plaintiff had been reversed on error, or when verdict had passed for plaintiff and judgment thereon had been arrested, has no application when the plaintiff in the former suit discontinued his action and the parties plaintiff in the two suits were not the same.</p> <p>7. When the Statute of Limitations once begins to run no subsequent disabilities can suspend or impede it.</p> <p>8. If a judgment creditor had no notice either actual or constructive of an unrecorded deed made by the judgment debtor to another before the rendition of such judgment, it is immaterial whether a purchaser at a sale under the judgment had notice of such unrecorded deed or not.</p>