Walls v. Endel

Citations

• 20 Fla. 86

Syllabus

<p>1. A defence on “ equitable grounds ” may be interposed in ejectment by plea under the practice act of 1801. Such facts may be pleaded as would entitle the defendant to an injunction against enforcing the judgment if he filed a bill alleging the same and prayed an injunction.</p> <p>2. A defence on equitable grounds in ejectment, the plea alleging that defendant was the owner of the property, and that plaintiff’ title, though a deed absolute iii form, was executed as a security to the plaintiff for money and other advances by him to the defendant, is good; and if. proved will entitle the defendant to a verdict. Such deed is in law and equity a mortgage, and the remedy upon it is by foreclosure and sale for the amount secured.</p> <p>3. Evidence to show that a deed absolute is in equity a mortgage may be given by parol under a plea on equitable grounds under the statute.</p> <p>4. A mere extract from a record of a judgment is not evidence to prove a judgment. The whole record or an authenticated or proved copy is necessary.</p> <p>5. A judgment in proceedings for forcible entry and detainer, is not evidence in ejectment, either in bar of a right of recovery of the premises, or of mesne profits.</p> <p>6. A tax deed describing “ one house and lot in Gainesville ” is bad for uncertainty.</p>