Richbourg v. Rose

Citations

• 53 Fla. 173

Syllabus

<p>1. As to the matter of the attestation of a deed, our statute does not require any particular form of 'words for the attestation clause of a deed. The phrase commonly used in this state to denote that the persons signing are witnesses is “signed, sealed and delivered in the presence of,” but any phrase which clearly denotes that the persons signing were witnesses will be valid.</p> <p>2. Where a deed has . the names of two persons written in the place where the names of subscribing witnesses are usually placed, and the letters “wit” are written above the names of the two persons, and where the testificandum clause is “in witness whereof we hereunto set our hands and seals, this the 4th day of May, 1903,” other facts showing delivery, the attestation of the deed is sufficient.</p> <p>3. The trial court is authorized to regulate the order of the introduction of evidence, and its discretion in this matter will only be interfered with by this court where clearly abused.</p> <p>4. A sale of standing timber, is a contract concerning an interest in' land, within the meaning of the statute of frauds.</p> <p>5. A parol agreement or an executory contract for the sale of growing trees, the trees to be severed and taken from the land by the vendee, will amount to a license for the vendee to enter upon the vendor’s land for the purpose of making such severance; and if the license is not revoked before the trees are severed, the title to the trees will vest in the vendee, and the license after such severance will become coupled with an interest and irrevocable, and the vendee will have a right to enter and remove the trees thus severed; but if, before the trees are severed, the vendee should revoke such license, no title will pass to the-vendee and no rights will vest by virtue of such parol agreement or executory contract.</p> <p>6. A validly executed deed of sale of standing timber and lease of the land for turpentine purposes, duly acknowledged and recorded, is not revoked