Kendrick v. Latham

Citations

• 25 Fla. 819

Syllabus

<p>1. A certified copy of the record of a deed is not admissible in evidence as proof of the execution or contents of the original, if tbe record lias not been made upon tbe evidence of execution required by tbe statute.</p> <p>2. Where a referee admits a copy of a paper in evidence to tbe extent that it may subsequently be supported by testimony and further testimony is introduced showing that the original was executed by the grantor named in the copy, and that the copy is a true copy of such original, the error, if any, of admitting the copy, is without injury to the party complianing of it.</p> <p>3. Possession of land in this State is presumed to be under and in subordination to the legal title unlessút appear that the land has been held and possessed adversely to such title for seven years before the commencement of an action to recover the same founded on the title.</p> <p>4. Where a person enters upon land under a party not holding the true title, and afterwards takes a deed of conveyance from him, such entry will from the date of the deed be regarded as an entry under claim of title to the land described in the deed and in hostility to the true title and exclusive of any other rights.</p> <p>5. A “forty” of land is not “a tract divided into lots,” within the moaning of the fifth section of the statute of limitations of 1872, p. 732, McClellan’s Digest, but may be regarded as “ a known lot ” under the fourth clause of sixth section of that act, and the improvement and adverse possession of a part thereof under claim of title to the entire “forty” founded upon a written instrument as being a conveyance of the “forty” is in law, both under and independent of any special provision of our statute, adverse possession for the same length of time as well of the part not cleared nor inclosed, i-.s of the part actually improved and occupied.</p> <p>O. Where there is privity between successive occupants holding- adversely to the true title and continuously their succes