Fries v. Griffin

Citations

• 35 Fla. 212

Syllabus

<p>1. Where a court of equity exercises jurisdiction for the purpose of re-establishing a lost deed, with all the parties in interest before the court, and the only question at issue is the amount and description of the land conveyed in the lost deed, and the-issue being found against; the grantors therein, it will, upon proper prayer, retain jurisdiction of the case and make a final decree enjoining the grantors in said deed from further prosecuting a suit in ejectment against a party in possession of the-land claiming title from the grantee in said deed. (Griffin vs. Fries, 23 Fla. 173, 2 South. Rep. 266.)</p> <p>2. A due regard to individual rights, as well as sound policy, requires that in cases of the establishment of lost instruments, the proof as to the contents, or the substance of the contents-of the operative parts of such instruments, should be clear and satisfactory.</p> <p>3. The grantee in a quit-claim deed is not regarded in this State as-an innocent purchaser without notice.</p> <p>4. Under the rule as to the character of proof required to establish lost instruments, held that the decree of the referee in this, case should not be reversed on the ground that it is not supported by the evidence.</p>