Legal Opinion

Kendrick v. Latham

Supreme Court of Florida

Decided June 15, 1889PublishedCited by 20 opinions

Appeal from the Cironit Court for Hernando county. STATEMENT. Appellant sued appellees, James E. and Ida Latham, in ■ejectment to recover a piece of land containing thirty acres, lying in Hernando county, in tbe northeast quarter of the southwest quarter of section 15, T. 24 S., R. 21 E., described as follows: beginning at the northwest corner of the northeast quarter of the southwest quarter of the section and running south three hundred and thirty yards, thence east four…

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Appeal from the Cironit Court for Hernando county. STATEMENT. Appellant sued appellees, James E. and Ida Latham, in ■ejectment to recover a piece of land containing thirty acres, lying in Hernando county, in tbe northeast quarter of the southwest quarter of section 15, T. 24 S., R. 21 E., described as follows: beginning at the northwest corner of the northeast quarter of the southwest quarter of the section and running south three hundred and thirty yards, thence east four hundred and forty yards, thence north three hundred and thirty yards, and thence west four hundred and forty yards to the…

1Opinion of the Court

Raney, C. J..:

I. The certified copy of the record, of the deed of convey anee from Sumner to Blackshear does not show that Blackshear ever acknowledged, or either of the subscribing witnesses ever proved the execution of the *832original deed; hence the record of it on January 12th, 1878, by the Clerk of Hernando County Circuit Court, was illegal, and this being so, the certified copy was not admissible as such to prove either the execution or the contents of the original. It is a well established proposition of law that the record must be made upon the evidence of execution required by. the…

2Cases cited33 opinions

  1. Stanley v. GadsbySupreme Court of the United States · 1836
  2. Barr v. Gratz's HeirsSupreme Court of the United States · 1819
  3. Stewart's v. LispenardNew York Supreme Court · 1841
  4. Beverly v. BurkeSupreme Court of Georgia · 1851
  5. Fugate v. PierceSupreme Court of Missouri · 1872

28 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. McKinnon v. JohnsonSupreme Court of Florida · 1909
  2. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  3. Wilson Cypress Co. v. Del Pozo Y MarcosSupreme Court of the United States · 1915
  4. McKeown v. CollinsSupreme Court of Florida · 1896
  5. Cross v. AbySupreme Court of Florida · 1908

15 more not listed; retrieve them via the Exa API.

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