Summer v. Mitchell

Citations

• 29 Fla. 179

Syllabus

<p>1. In 1865 the laws of this State did not authorize the admission to record of a deed acknowledged out of this State, but in another State of the United States, before a clerk or deputy clerk of any court, or before a judge of any court not a court of record and having a seal and clerk or prothonotary.</p> <p>2. A Legislature has power, in the absence of any inhibiting constitutional limitation, and except as against prior vested rights, to cure by retroactive legislation defective acknowledgments of deeds in all cases where the purpose of the acknowledgment is the admission of the instrument acknowledged to record,, or its use in evidence.</p> <p>3. An effect of the “Act providing for the acknowledgment of deeds and other conveyances,” approved February 34th, 1873, (sections 16-19, pp. 318, 319, McClellan’s Digest,) is to authorize the acknowledgment of the execution of a deed for the record here, to be taken out of this State and according to the laws of the State where it may be taken, at least if the execution of the deed, as distinguished from its acknowledgment is, as in the case at bar, in compliance with the laws both of Florida and of the State of its execution and acknowledgment.</p> <p>4. The fourth section of the act of February 35th, 1873, (section 19, page 319, McClellan’s Digest,) which provides that any deed of conveyance heretofore executed and acknowledged in compliance with the previous provisions of the act should have the , same forcé and effect and be as valid as if the same had been executed after its passage, was to validate, at least from the approval of such act, any prior acknowledgment made out of this State of a deed conveying lands located here, if the acknowledgment conformed to its provisions, and certainly where, as in the case at bar. the execution of the deed, as distinguished from its acknowledgment, conformed both to the law of this State and that of the State of its execution and acknowledgment.</p> <p>5. It is the establishe