Hogans v. Carruth

Citations

• 18 Fla. 587

Syllabus

<p>1. In ejectment, defendant in possession may defend by showing legal title in another person and out of plaintiff who is claiming possession as a right incident to legal title.</p> <p>2. That a deed does not upon its face show that it embraces the lot in question, or that the plaintiff does not show this fact as a foundation for its introduction, is not a good objection to its introduction in evidence. A party is not required to locate on the ground the calls of a deed before it is admitted.</p> <p>3. Where the calls of a deed first give boundaries by land owned by neighboring proprietors or adjoining tracts, and afterwards by courses, distances and area, and there is an apparent conflict, deeds showing the ownership of the adjoining tracts at the time of the execution of-the fh'st deed are proper evidence, and they, with other facts tending- to prove the intention of the parties, are proper • evidence.</p> <p>4. The acknowledgment of a deed taken by the grantee therein is void. The deed, however, is binding- between the parties or their heirs, and its execution maybe established by common law evidence.</p> <p>5. In such case identity of person is presumed from identity of name. This upon grounds of public policy.</p> <p>(5. While any principles applicable to the facts in the present case which were announced in an antecedent base between different parties. should have tlio weight of precedent and authority, both in the Circuit Court and in this court, still, when the cases are not identical, to the extent of the difference the principles first announced cease to be controlling.</p> <p>7. An original deed of conveyance does not prove itself at.common law, and in this State an original deed, introduced by and coming from the possession of the defendant, whether its execution ha's-been acknowledged or proved under tlie statute of November 13, A. D. 1828, or not, is not made evidence by any statute. The certificate or acknowledgment under that act is not a common la