Lovell v. Wall

Citations

• 31 Fla. 73

Syllabus

<p>1. A person entering a homestead under the laws of the United States acquires a vested right therein at the expiration of five years from entry, but no estate in the lands vests in him until he has complied with the required conditions.</p> <p>2. Mistakes as to the condition of one’s title, or the correctness or regularity of antecedent proceedings, may be classed with mistakes of fact, and are properly relieved from where the equity is clear.</p> <p>3. Where a mortgagee is induced by representations of the mortgagor as to the condition of the title to a parcel of land, or tire regularity or correctness of antecedent proceedings requisite to vest the title to said land, to surrender his note and mortgage in consideration of a deed to said land, and such representations prove untrue, and the note which the mortgage was given to secure has not in fact been paid, and the mortgagee gets nothing by the deed, an action to foreclose the mortgage may be maintained, if innocent parties have not in the meantime acquired an interest in the mortgaged premises.</p>