McGehee v. Wilkins
Supreme Court of Florida
Appeal from tlie Circuit Court for Lake county. STATEMENT. This was an action of ejectment brought by appellant against appellee. The plea was not guilty. The plaintiff proved title, through mesne conveyances, under a patent from the United States, and that he went into possession the latter part of June, 1887, and erected improvements, and had not sold or leased the premises sued for.
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Appeal from tlie Circuit Court for Lake county. STATEMENT. This was an action of ejectment brought by appellant against appellee. The plea was not guilty. The plaintiff proved title, through mesne conveyances, under a patent from the United States, and that he went into possession the latter part of June, 1887, and erected improvements, and had not sold or leased the premises sued for. The defendant then offered in evidence a certified copy of a writ of fieri facias which was issued by the clerk of the Circuit Court of Lake county on a judgment by a justice of the peace, with the return…
1Opinion of the Court
Young, Circuit Judge :
In all cases where a deed is executed under a power, it is necessary to prove the power before the deed is admissible in evidence. Where a sheriff sells and makes a deed under a fieri facias, he is acting under a power. “He acts in fact as the attorney of ¿the defendant appointed by law for that purpose. ’ ’ Davis vs. Shuler, 14 Fla., 447. Before sheriff’s deed is admissible in evidence, for the purpose of proving title thereunder, a valid judgment and execution must be shown. Donald vs. McKinnon, 17 Fla., 746; Kendrick *86vs. Latham, 25 Fla., 819, 6 South. Rep., 871. Where…
2Cases cited10 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Thompson v. TolmieSupreme Court of the United States · 1829
- Epping, Bellas & Co. v. RobinsonSupreme Court of Florida · 1884
- Kendrick v. LathamSupreme Court of Florida · 1889
- Ponder v. MoseleySupreme Court of Florida · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- Watson v. JonesSupreme Court of Florida · 1899
- Southern Armored Service, Inc. v. MasonSupreme Court of Florida · 1964
- Thomas v. Goodbread ex rel. ColeSupreme Court of Florida · 1919
- Space Coast Credit Union v. the First, FADistrict Court of Appeal of Florida · 1985
13 more not listed; retrieve them via the Exa API.