Investment Co. v. Trueman ex rel. Stringfellow

Citations

• 63 Fla. 184

Syllabus

<p>1. Although as printed in the General Statutes of 1900, Section 1969, relating to discovery in ejectment, refers to Sections 1971 and 1972 of such statutes, which have no relevancy whatever to the subject matter of such Section 1909, in the Copy of such General Statutes on file in the office of the Secretary of State, which was the one actually adopted by the Legislator, such Section 1969 refers to Sections 1531 and 1535, which regulate the procedure in regard to interrogatories and provide that the answers given thereto “shall be evidence against, but not for the party making them.” The Section as it appears in the copy filed in the office of the Secretary of State, and not as it appears in the printed and published volume must govern.</p> <p>2. Where a defendant in an action of ejectment has, without objection, filed answers to interrogatories propounded under the statutes, seeking a disclosure of the title upon which such defendant relies, which answers are made by the statute evidence against such party, and the defendant waits until the case is actually being tried and then seeks by motion to amend one of such answers by making a material change therein, no reason or excuse being offered for the delay, such motion is properly denied.</p> <p>3. An objection to the admission in evidence of a certified copy of a deed on the ground that such deed was “not acknowledged as required by law, in that the acknowledgment thereto did not recite that the grantors in such conveyance were known to the officer taking said acknowledgment,” is properly overruled, when it appears that the statutes in force at the time such deed was acknowledged contained no such requirement.</p> <p>4. A substantial compliance with the requirements of statutes governing the acknowledgment or proof of the execution of instruments for the purpose of having them recorded is sufficient.</p> <p>5. Where the plaintiff.and defendant in an action of ejectment claim through a common source of title, err