Thomas v. Goodbread ex rel. Cole

Citations

• 78 Fla. 278
• 82 So. 835

Syllabus

<p>I. Under Section 1522 General Statutes bf Florida, judgments and decrees of the Circuit Courts of this State, and certified copies thereof are admissible as prima facie evidence of the entry and validity of such judgments and decrees.</p> <p>2. Defects in writs of execution do not vitiate siales unless they are such as render the writs void and are not amenable.</p> <p>3. A variation between the amount 'of a judgment and the execution issued thereon does not avoid the sale thereunder where such variation is an apparent clerical error and does not harm the defendant and the judgment is so described in the execution as to clearly identify it.</p> <p>4. A.mortgagee of land who acquires legal title in consequence of a sale under execution against the mortgagor in flavor of a third party, will be held to hold such legal title in trust for the mortgagor, when it appears that the mortgagee promised the mortgagor orally to buy the land for his benefit and to convey the same to the mortgiagor upon payment by him of the purchase price with agreed interest; it also appearing that the mortgagor refrained from further protecting the property from sale, and that the mortgagee acquired the title at a grossly inadequate price.</p> <p>5. Where one buys liand at a judicial sale under a parol agreement to purchase for another, and fails to convey according to the agreement, a constructive trust arises where the promisee owned the estate and the purchase was agreed to be made for his benefit.</p> <p>6. Equitable estoppels are proper defenses in actions of ejectment in this State, ¡and evidence of such estoppels is admissible under the plea of not guilty.</p> <p>7. One who acquires legal title to land under such circumstances as to create a constructive trust in favor of another is estopped from asserting such legal title for the purpose of dispossessing such other person who held possession at the time such legal title was acquired.</p>