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Marsh v. Bennett

Citations

  • 49 Fla. 186

Syllabus

<p>1. A deed may be valid to convey title to land even though its execution is not acknowledged or it has not been recorded. Where the original of such a deed is offered in evidence, it is error to exclude it on the ground that it is “insufficient for want of acknowledgement.”</p> <p>2. When in an action of ejectment a deed of conveyance is offered in evidence which describes the land mentioned in the declaration, except that it is not clear whether the number of feet stated by figures is the same as, or less than, the number of feet stated in the declaration, and it is apparent that the description in the deed covers at least a part of the land described in .the declaration, the deed is not subject to. the objection that it “describes an entirely different piece of land from that alleged in the declaration.”</p> <p>3. As a general rule objections to the introduction in evidence of a deed will not be considered by the appellate court unless such objections were made first in the trial court.</p>

Judges: Cockrell, Garter, Hocker, Shackleford, Taylor, Whitfield

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