Edenfield v. Wingard

I respectfully dissent. We have held on several occasions that the recording of a mortgage upon the public records without proof of the execution of the instrument as required by statute is a nullity insofar as the giving of constructive notice is concerned. We are not here passing on the validity of the document as between the immediate parties. Our problem relates solely to the existence of notice to subsequent encumbrancers. The record of a legally insufficient acknowledgment gives no notice to subsequent purchasers or en-cumbrancers. House of Lyons v. Marcus, Fla.1954, 72 So.2d 34, and…