Skinner v. Pinney

Citations

• 19 Fla. 42

Syllabus

<p>1. The statute of this State provides that a certified copy of a deed duly recorded shall be received in evidence “ in the same mañuelas the original thereof may he,” and with the like force1 and effect. The execution of an original deed duly acknowledged, presented in evidence by a party claiming under it, must he proved, and therefore a certified copy is not per se evidence of the due • execution of the original.</p> <p>2. The statute does not. make the acknowledgment or proof of a deed for the purpose of registration evidence of its due execution for any other purpose. (Hogans vs. Oarruth. IS Florida, 393.)</p> <p>3. When A. trespasses upon land in the possession of J8. aiid oiits down trees, making them into logs and takes them away from the land, 15. may maintain an action of trover for the conversion of the logs.</p> <p>4. A trespasser acquires no property in such logs by having bestowed Ms labor upon them, though their value is enhanced by the labor.</p> <p>5. The measure of damages in an action of trover for logs taken from land in the plaintiff’s possession is the value of the logs at the time and place of conversion with interest. The conversion is complete when the logs are taken away from the premises..</p> <p>6. Proof of possession of land by the plaintiff is sufficient to enable him to maintain trover for logs taken from the land.</p> <p>1. .1 defendant in trover cannot set up title to the property in a third person, unless he connects himself in some manner with that title.</p>