Johnson v. McKinnon

Citations

• 54 Fla. 221

Syllabus

<p>1. A recital in a sheriffs deed, that the sale of the property was made bv virtue of an execution issued out of the circuit court, is sufficient to show that the officer had authority to sell, although it would be well for the sheriff to recite in his deed both the judgment and execution under which he acted, as it would be productive of convenience, pointing the sheriff to his authority to sell, and facilitating the purchaser in tracing his title.</p> <p>2. Jurisdiction is judicial power, and a decree entered in a proceeding as to a matter outside of the judicial sphere of action is not merely voidable, but absolutely void.</p> <p>3. A deficiency decree may be entered only in suits for the foreclosure of mortgages. When rendered in an action to enforce a vendor’s lien, such decree is absolutely void, not simply irregular or voidable, ana is subject to collateral attack.</p> <p>4. The law imputes to an attorney knowledge of defects in legal proceedings for the sale of property taken under his direction, and the title of such attorney to land purchased by him at a judicial sale decreedrin proceedings in which he acted as an attorney falls with the reversal of the decree directing the sale.</p>