Neal v. Spooner

Citations

• 20 Fla. 38

Syllabus

<p>1. Under the plea of not guilty in ejectment special pleas under the statute of limitations should be struck out. Evidence to prove adverse possession, 'or an adverse title, may be given under the general issue.</p> <p>2. The record of a deed is not proper evidence, if objected to, without proof of an original duly executed. The original is not¿w se evidence, but its execution must be proved by evidence other than the certificate of proof or acknowledgment for record.</p> <p>3. A tax deed, purporting on its face to have been executed within five days after the sale by the collector, is void.</p> <p>4. At the trial and before a cause is submitted to the jury, the proceedings may be amended by striking out the name of a plaintiff, and also by inserting the name of a next friend of a plaintiff who is shown to be a minor, under the sixth section of the Practice Act of 1861.</p> <p>5. The oifiission of a next friend to give a bond to secure the proceeds of a judgment to be recovered cannot be assigned as error by the defendant on appeal. He is not injured or prejudiced, and it does not concern him.</p> <p>6. A judgment in ejectment in favor of the plaintiff should state the quantity of the estate recovered. This is required by the statute of 1881; and a judgment which does not show what estate is recovered and to be delivered must be set aside and a proper judgment entered by the court, conformable to the vei-dict.</p>