Sherlock v. Varn

Citations

• 64 Fla. 447

Syllabus

<p>1. It is with the ruling itself, upon which an assignment of error is based, that an appellate court is called upon to deal, and not with the reasons which the trial court may have given therefore. If the ruling is correct, it will not be disturbed because the trial court may have given erroneous or insufficient reasons for its rendition.</p> <p>2. Courts of justice exist for the administration and furtherance of justice, and in the conduct of trials generally much must be left to the discretion of the trial judge.</p> <p>3. In matters generally which rest within the judicial discretion of the trial court an appellate court will not interfere, except where an abuse of such discretion is made to appear.</p> <p>4. 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 an appellate court where clearly abused.</p> <p>5. The defendant in an action of ejectment will defeat a recovery by the plaintiff by showing the legal title to the land in controversy to be in another person and not in the plaintiff who is claiming possession as a right incident to the legal title.</p> <p>6. A tax deed is erroneously admitted in evidence wherein the only description of the property is “In N. W. Corner as described in deed book R, page 400 & 622, in Russell’s Addition to Brooksville, Section 22, Township 22 South, Range 19 East, containing one and one-half acres, more or less,” especially when no offer or attempt is made to follow up such indefinite description and connect it with other evidence, assuming but not deciding that such a course may be properly pursued.</p> <p>7. It is for the trial court to determine as a matter of law whether or not the description of land in a tax deed is so vague, indefinite and uncertain as to amount to a nullity, and it is error to leave such question to the jury.</p> <p>S. Where a tax deed has been erroneously admitted in evidence, a charge discussing the