Frazier v. Boggs

Citations

• 37 Fla. 307

Syllabus

<p>CONTRACT FOR TITLE PROVIDING FOR, GOOD AND SUFFICIENT DEED CALLS FOR A PERFECT TITLE—TIME, AT LAW, IS ESSENCE OF CONTRACT FOR SALE OF LAND—WILLS OF REAL ESTATE, WHAT PASSES BY—AFTER ACQUIRED LANDS—BREACH OF CONTRACT FOR SALE OF LAND.</p> <p>1. Where'a vendor of land in his cónti;act of sale obligates himself to convey “by good and sufficient deed,” he does not discharge his covenant by the execution of a deed good merely in point of form, but, fully to comply with his obligation, he is bound to make a good and perfect title to the land contracted to be sold, and to remove any existing incumbrance, or to protect the vendee against it.</p> <p>2. A vendee will not be compelled to accept a conveyance under an executory contract until the vendor exhibits a regularly deduced title, free from, incumbrances, and apparently sufficient to assure the estate according to the contract.</p> <p>3. Where a vendor of land sues the vendee at law for the recovery of damages for an alleged breach by the vendee of the executory contract of purchase, time in such cases, at law, is of the essence of the contract, and the vendor, in order to recover) must show himself to have been ready, able and willing to con vey by good and perfect title promptly at the time expressly stipulated.</p> <p>4. Under our statute of wills, of November 20th, 1828, in force until the Revised Statutes took effect on June 13th, 1892, no one could by will devise lands located in Florida that he did not own and had no interest in at the time of the execution of such will. So long as said statute of 1828 remained in force, real estate in Florida, acquired subsequently to the execution of a loill, did not pass thereby; and this, whether such will was executed in or out of the State of Florida.</p> <p>5. A will devising real estate is governed by the lex loci rei sitce.</p>