Keech v. Costa

Citations

• 28 Fla. 597

Syllabus

<p>Ejectment — Evidence op Pisdiokee — Descent— Limitations— Beyond Seas — Instructions .</p> <p>1. Where an instruction, as far as it goes, states a correct proposition of law, but is defective because it fails to qualify or explain the proposition it lays down in consonance with the ■ facts of the case, such defect is cured if subsequent instructions are given containing the required qualifications or explanation.</p> <p>2. Where tlie exception in favor of persons “ beyond seas ” is made in a statute of limitation, the law is well-settled that such term is equivalent to “ without the limits of the State;” and the exception enures to the benefit of foreigners who constantly reside abroad as well as to citizens who temporarily leave the State to return again.</p> <p>‘■5. The special limitation of one year within which to assail the validity of tax titles acquired under the pirovisions of Chapter 1865, laws of 1872, entitled “ An act to quiet tax titles to lands,” is operative only upion, and applies only to, tax deeds acquired under said act “ that have been recorded.”</p> <p>4. A deed or any other instrument, though actually transcribed upion the piublic records, is not “recorded ” within the legal acceptation of that word, where there has been no proper proof of its execution, as required by law, authorizing a record thereof.</p> <p>5. Said Chapter 1865, laws of 1872, requires the deeds thereunder made by the Commissioner of Lands and Immigration to be witnessed by two subscribing witnesses. Any such deed not so witnessed is properly excluded from evidence, except for its value as color of title upon which to predicate an adversary possession.</p> <p>6. Under the statute in this State limiting the time within which possessory actions shall be brought for the recovery of land, an adverse possession, in any case, to bar a person having the legal title, must be continuous and uninterrupted for the entire period of seven years.</p> <p>7. An illegitimate child, under t