Summer v. Mitchell
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. STATEMENT. The action is ejectment for the recovery of an undivided half of lot 2, block 35, old survey of Ocala, and mesne profits, and was commenced in June, 1887, by the plaintiff, then a minor, through her next friend, she being the only surviving child of Adam Gf.
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Appeal from the Circuit Court for Marion county. STATEMENT. The action is ejectment for the recovery of an undivided half of lot 2, block 35, old survey of Ocala, and mesne profits, and was commenced in June, 1887, by the plaintiff, then a minor, through her next friend, she being the only surviving child of Adam Gf. Summer, who died in the spring or summer of 1866. To further sustain her action she put in evidence a certified copy of the record of a deed in the office of the Clerk of the Circuit Court of Marion county, such deed bearing date September 1,1858, and purporting to have been made…
1Opinion of the Court
Raney, C. J.:
Appellant sued appellee in enjectment, and the result was a judgment in favor of defendant.
The first error assigned is the refusal of the judge to admit in evidence a certified copy of the record of a «deed of the land in controversy, a lot in Ocala, from Hubbard L. Hart and Mary Elizabeth Hart, his wife, to A. Gf. Summer and Henry Smith. The deed purports to have been executed for and in consideration «of six hundred dollars, in Thomas county, State of Georgia, July 9th, 1863. Its conclusion is as follows:
In testimony whereof, we, the said party of the first part, have hereunto…
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