Moralis v. Matheson

Citations

• 75 Fla. 589
• 79 So. 202

Syllabus

<p>1. Where a grantor in a deed of conveyance containing a warranty of title has n'o title to the land which he undertakes to convey by his warranty deed, but subsequently acquires title thereto, such title passes eo instanti to th® grantee in the first deed.</p> <p>2. R and wife having no title to certain land undertook by warranty deed to convey it to M. SubsequentlyR and wife acquired the title and upon M’s request she and her husband executed a deed of conveyance therefor to M’s wife. At the time of the last transaction, M and his family were living upon the land as their homestead. Reid, that no title was conveyed to M’s wife by the second deed executed by R and his wife, but upon the acquisition of the title by R’s wife it pjassed to M by the first warranty deed executed by R and his wife t'o M.</p> <p>3. Section 1724 of the General Statutes providing that the title of any purchaser of lands who shall have held possession for five years under a sale, for full value, free from fraud, made by an executor, administrator or.guardian shall not be questioned by an heir, distributee or ward upon the ground of irregularity in the proceedings, if it appear that the proceeds of such sale have been applied tona fide to the object and purpose for which the sale was made, etc., does not apply in cases where some unauthorized person assumes to sell the real estate of a minor under an order of court and such unauthorized person has neither control nor management of the person or estate of the minor; nor does it apply in cases where the real estate of the minor is sold under a misapprehension of the fact of ownership by the administrator of the estate of another.</p>