Mansfield v. Johnson

Citations

• 51 Fla. 239

Syllabus

<p>1. Where plaintiffs and defendants' in ejectment claim land through a common soúrce of title, or where the defendant himself produces evidence recognizing the existence and validity of a deed through which both parties plaintiff and defendant claim rights and interests in the land in controversy, errors committed' in allowing improper evidence of the title, or improper proof of the execution of such deed on the part of the plaintiff are harmless.</p> <p>2. Where during a term of the Circuit Court a formal judgment in a case is written out and signed by the judge, which is by the clerk recorded upon the minutes of the court to the minute entry of which is appended a certificate by the clerk to the effect that the foregoing copy of final judgment is a true and correct transcript of the same as appears upon the files and records of his office, such minute entry becomes properly a part of the record of the court, and a properly certified copy thereof is admissible as evidence of the existence of such judgment. The minute entry need not be certified by the clerk, where the minutes have been duly signed by the judge at the conclusion of the term as required by statute, but the fact that the clerk’s certificate is attached to the minute entry-does not make that entry any the'less a record entry proper to be certified as such.</p> <p>.'3. A properly certified transcript of a judgment signed by the judge and entered upon the minutes of the Circuit Court during a term, taken from the minutes, when properly recorded in the Record of Foreign ’Judgments of another county in 1891, became a lien upon the real estate of the judgment debtor in the latter county from the time of its record, and a properly certified transcript of such recorded judgment from the Record of Foreign Judgments is admissible in evidence to prove the fact of such record.</p> <p>4. The custodian of a record having authority to certify a transcript thereof has authority to specify in his certificate the par