Petty v. Mays

Citations

• 19 Fla. 652

Syllabus

<p>1. When a court of equity, having jurisdiction of parties and of the subject matter in a suit to foreclose a mortgage, directs by its decree that the Master make sale of the property, and on such sale to execute and deliver a deed to the purchaser, and that upon the delivery of the conveyance the purchaser be let into the jiossession of the premises, the record of the decree and the deed constitute evidence of title in the purchaser in an action of ejectment against a third person not a party to the foreclosure suit.</p> <p>2. The Master’s deed in such case is evidence without showing a confirmation of the Master’s report of sale.</p> <p>3. Certain tax deeds copied by the clerk and annexed to the record in an ejectment suit tried before a referee, but which deeds are not identified by the referee in his record, or by a bill of exceptions, as the 'papers offered in evidence and rejected, cannot be considered upon appeal: nor can the refusal of the referee to i>ermit a witness to testify as to the location and identity of the land described in the tax deeds be reviewed, because the deeds are not in the record, and this court cannot determine that the testimony offered was necessary or proper.</p> <p>4. A tax sale at which the owner of the land, or another person at the request of the owner, whose duty it was to pay the taxes, bids in the property and afterwards obtains a tax deed under such sale, amounts only to the payment and satisfaction of the tax, and confers no new title upon such purchaser.</p> <p>5. Immaterial testimony, impropex-ly admitted by a i-eferee at the trial, and not affecting the judgment, is not good ground for granting a new trial.</p> <p>6. In ejectment in this State the plea of not guilty puts in issue the legal title, and an inchoate or equitable right which might be available in eqxxity cannot avail the defendant as agaiixst the legal title.</p> <p>7. The possession of laxxd by one who holds under an oral agreement with the owner to purchas