Parker, Holmes & Co. v. Cleveland

Citations

• 37 Fla. 39

Syllabus

<p>1. The appellee made a written statement of his means and property February 11th, 1890, in which, among other property, he stated that he owned “fosfate” land and city property of the aggregate value of $2,300, and described the property as “80 acres fosfate land in Hernando county, and house and lot in St. Augustine, Fla.” There was no other evidence to show that the “fosfate land” in question was owned by appellee. The appellee, April 19th, 1891, made a general assignment for the benefit of his creditors. This assignment was attacked by an attachment upon the ground that such evidence showed that the appellee had fraudulently withheld such land from the same: Held, That a statement by appellee more than a year and three months previous is not sufficient evidence that he still owned the land at the date of the assignment, and fraudulently withheld the same. The- proof of a fraudulent withholding of property from an assignment for the benefit of creditors should be less remote and more definite and certain.</p> <p>2. A general exception of exempt property from an assignment for the benefit of creditors does not ipso facto make the assignment deed void for uncertainty, or fraudulent and void as against creditors, and does not authorize an attachment against the assignee on account of its having been executed.</p> <p>3. A certified transcript from a record of an instrument which has been spread thereon, without any such proof or acknowledgment of its execution as is necessary to admit it to record, is not admissible in evidence. The transcription of a paper upon the record under such circumstances is a nullity and of no effect.</p> <p>4. The certificate of a Gierk of a Circuit Court as to a matter of fact is not admissible in evidence. The law as to certificates of such officers as custodians of records only extends to transcripts of such records. If their testimony is desired upon other points, they should be regularly sworn and testify as other witnesses.</p>