Lente v. Clarke

Citations

• 22 Fla. 515

Syllabus

<p>1. Where a defendant, after appearing specially and obtaining an order setting aside the service of an original process, submits the cause for decision on a demurrer to the bill, such submission constitutes a voluntary appearance, and gives the court jurisdiction of the person.</p> <p>2. A decree pro confesso cannot -be entered under the rules of chancery practice in this State for the want of an appearance of the defendant, but only fór a failure to file a demurrer, plea or answer.</p> <p>3. A decree pro confesso cannot be entered on the rule day to which a subpoena that has been personally served is returnable, and on Which the appearance is due, nor until the next succeeding rule day.</p> <p>4. No bill of exceptions nor formal noting of exceptions to the orders appealed from held to be necessary to enable the appellant to obtain a review of them on appeal. An entry in the lower court of an appeal from such orders and a due prosecution thereof is sufficient.</p> <p>5. Neither a seal nor subscribing witness is necessary to the validity of an agreement or contract for the sale of land, or the note or memorandum thereof under the statute of frauds.</p> <p>6. An agreement for the sale of land under the statute of frauds will be held sufficient as to its description of the land to be conveyed, if it so describes a particular piece or tract of land that it can be identified, located or found. A detailed description is not necessary where the description shows that a particular tract is within the minds of the contracting parties and intended to be oonveyed; parol evidence maybe resorted to, to apply the description or identify the tract, though such description be somewhat general.</p> <p>7. The following agreement : “I agree to make good titles in fee to my forty near the Garrison lands, in Hernando county, to Wm. K. Lente. Consideration $75.00 ; received. Thomas W. Clarke, witness M. P. O’Neal,” held to contain a sufficient description.</p> <p>8. The expression “fo