Moody v. Hamilton

Citations

• 22 Fla. 298

Syllabus

<p>The County Court made an order confirming a sale of land and directing the commissioner to make a deed of conveyance to the purchaser upon her paying the purchase money. On February 7th, 1876, soon after such order, the commissioner executed an instrument to her which was deficient as a deed from having no seal affixed to it. On April 9th, 1885, the commissioner executed to her a deed bearing the former date, and in the acknowledgement of it for record stated it was executed on the latter day. In an action of ejectment brought by her in the Circuit Court against a third party to recover the land, the petition and other proceedings of sale down to and inclusive of the order confirming the sale, were read in evidence. The deed was then offered in evidence and was objected to because of the erroneous date in the introductory part thereof and as having been made without authority ; and it was excluded by the court. No default or laches upon the part of the purchaser in paying the purchase money, nor any fraud, nor any susx>ension of said order was shown: Held, To be error, and that the erroneous date did not invalidate the deed, nor did the execution of the imperfect instrument, and the lapse of time, abrogate the commissioner’s authority under the order to execute a perfect deed.</p>