Ropes v. Kemps

Citations

• 38 Fla. 233

Syllabus

<p>1. The exemplification of the record of a patent, recorded in the general land office, under the hand of the commissioner and the seal of the general land office, is evidence m the courts of this State of the facts therein contained.</p> <p>2. Papers copied'into the transcript in an action at law, but not incorporated into the bill of exceptions by being set out therein or by proper reference, can not be considered as any part of the evidence introduced m the trial of the case.</p> <p>3. When the Legislature prescribes a form for a tax deed, it becomes substance, and an essential deviation therefrom will render the deed void.</p> <p>4. The act of 1883 (Chapter 3413) authorized the transfer and assignment of the tax certificate issued to the State on the sale of land for non-payment of taxes, and directed the execution of a deed thereon to the assignee when entitled to the same under the provisions of the act, and a tax deed based on such a certificate to a third party without any recital in the deed that such party had become the assignee by purchase from the State, is void.</p>