Doe ex dem. Magruder v. Roe
Supreme Court of Florida
Error to the Circuit Court for Duval county. Ejectment for lands in St. Johns county, tried in Duval county. Hnder consent rule, the plea of defendant, Per-pall, put in issue the title to the lands mentioned in the declaration.
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Error to the Circuit Court for Duval county. Ejectment for lands in St. Johns county, tried in Duval county. Hnder consent rule, the plea of defendant, Per-pall, put in issue the title to the lands mentioned in the declaration. On the part of the plaintiff's, Magruder and Logan, there was offered in evidence a deed of bargain and sale executed by the Trustees of the Internal Improvement Eund, created under “ an act to provide for and encourage a liberal system of Internal Improvements in this State,” approved January 6,1855, for a portion of the lands mentioned in the.declaration, to…
1Opinion of the Court
EANDALL, O. J.,
delivered the opinion of the court.
The first error assigned is that the court admitted, on the part of the plaintiff, the introduction of the deed of the Trustees of the Internal Improvement Fund to the lessors of the plaintiff and to Charles F. Hopkins and Albert D. Bogero, and the deeds of Hopkins and Eogero to the lessors, against the objections of the defendant. And in support of this assignment it is contended that a conveyance by a person out of possession, where the land is held adversely to the grantor, is void, and that to enable a party to convey the lands he must…
2Cases cited5 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Hartley v. FerrellSupreme Court of Florida · 1861
- Radcliff v. United InsuranceNew York Supreme Court · 1810
- MaGee v. Doe ex dem. AlbaSupreme Court of Florida · 1861
- Summerlin v. TylerSupreme Court of Florida · 1856
3Cited by13 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Liddon v. HodnettSupreme Court of Florida · 1886
- Bell v. KendrickSupreme Court of Florida · 1889
- Keech v. CostaSupreme Court of Florida · 1891
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