Stockton v. National Bank

Citations

• 45 Fla. 590

Syllabus

<p>1. In equity, as well as at law, a pleading is to be construed most strongly against the pleader thereof.</p> <p>2. It is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief.</p> <p>3. All the evidence offered in a case should correspond with the allegations m the pleadings and be confined to the issues. , 1</p> <p>4. No objection will be allowed to he taken in the appellate court to the admissibility of any testimony, oral or'documentary, found in the record in a chancery cause, unless the record affirmatively shows that the objection thereto was presented to the chancellor, and expressly ruled upon by him in the court below at or before the final hearing of the cause.</p> <p>5. Section 1972 of Revised Statutes, relating to the recording of conveyances, places creditors and subsequent purchasers upon the same footing as to prior unrecorded conveyances.</p> <p>6. The lien of a judgment rendered in an action at law dates, as to property previously attached in such action, from the time of the record by the clerk of the Circuit Court in the lien book of a notice of the levy and a description of the property levied upon, in accordance with the provisions of section 1651 of Revised Statutes.</p> <p>7. Where land in possession of a tenant is conveyed, the continued possession of the tenant, as tenant of the grantee, is not constructive notice of the unrecorded deed.</p> <p>8. When the person in possession is other than the grantee, it is unnecessary that there should he a visible change which should indicate to others that there had been a sale, to have the effect of giving notice to a subsequent purchaser or attaching creditor. Therefore where one, who had been a tenant of the grantor before the giving of the unrecorded deed, attorned to the grantee at the time it was given, and remained in possession afterwards until after the attachment, such possession alone can not furnish notice of the