L'Engle v. Reed

Citations

• 27 Fla. 345

Syllabus

<p>1. A deed conveying real estate of the husband, signed by him and his wife, and acknowledged by the wife alone, separate and apart from her husband, that she signed the same voluntarily and without any compulsion, apprehension or fear from her husband, is not such proof of the execution of the deed as will admit to record as being duly acknowledged or proven according to law.</p> <p>2. A certified copy of the record of a deed signed by husband and wife, purporting to convey real estate of the husband, and acknowledged by the wife alone, separate and apart from her husband, that she signed the deed voluntarily without any compulsion or fear from lier husband, is inadmissible in evidencie as proof of the existence and due execution of the deed.</p> <p>3. Where a grantor in a deed appears before a proper officer and declares that he not only signed the deed, but that he also at the same time, acknowledged the deed as one executed by him for the. purpose therein stated, in connection with the attestation clause of the deed that the grantor thereunto set his hand and seal, is such a compliance with the statute as will admit the deed to record as being duly acknowledged.</p> <p>4. The rule in ejectment that a plaintiff: must recover upon tile strength of his own title, and not upon the weakness of his adversary's title does not require him to exhibit a perfect chain of title from the-' original source, ¡is against, one wrongfully in possession.</p> <p>5. A plaintiff in ejectment must show a better title than that of defendant, or a prior actual possession to that of defendant or a good conveyance to himself from one in actual possession and prior to that of defendant, in order to put the defendant to the necessity of supporting his possession by a title superior to one of naked possession.</p>