The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-01-23
HEaD-NOTEs OF DECISIONS
SUPREME COURT OF FLORIDA,
:.sanMary Term. A. ID. l00S.

Martea J. snath, Appellant, va Samuel r. Cur
:. lis, Respondent-Columbis county.
WssssporT,J.:
Cspacity TO contract attends the possession
of ordinary intelligence, and where the consid-
erat!,.a Is not shown to be inadequate, the fact
thet i mutual confidence in business relations,
anu general friendship justified by past relations
of hx parties existed at the time Of the contract
is na, ground upon which to set IL aside
Delree affirmed
q. r. Raney and s. l. Niblack, for Appellant;
C. n. king, Tor Appellee.
Lycasgus 9. Stewart Appellant vs.. Sarah A
saesart, Appellee--Marion county-Equity.
RAsuAI.L, Il. j.:
by t@o witnesses, and delivered to the grantee
Ia nIarried woman) or to her husband, Is good as
belween the parties, though the acknowledgment
tai r. by Justice of the Peace out of his own
connsy may be invalid.
g. Parof evidence that one party conveyed
the iand " t~ another, in q suit in equity involv-
ing, te question of ttle is not sufficient to prove
conveyance 10 fee. II is only when the deed b
lost.er destroyed, or Is withheld by the other
party TO the suit that parol evidence Is admissible
TO prove the due execution and the contents Of
the histrument.
g.. Paroi proof of deed of conveyance, when
admissible, must clearly show the due execution
of the deed and so much of its contents a. viii
enaple the court to determine the character OF
tbe Instrument, the identity of the property, and
the quantity and quality Of the estate conveyed
4, Where party files a bill TO quiet the lille
to isad, or TO prevent or remove a cloud, Il Is
necessary to establish his legal title as against
the claim Of the party defendant.
>. Neither party to q suit nor his assignor or
gJansor should be allowed to testify to transactions
OF COMMUNICATIONS between such persons and
urrSon deceased, as against an heir at law, lega-
tee or deyisee of the deceased, except where the
last naIlaed persons have testified in respect to
the. same: transactions or communications, and
actnrt OF equity win disregard testimony given In
violation Of this statutory rule though no obiec-
tion was made to its introduction. {McClcllan's
Digest. 8i6 section "a; Tunno vs.. Robert 10
Fla, 1907
g, Decree las to title of land) reversed without
prejudice TO the right of complainant to assert
or snaintsin any legal title she may have In any
0thar sur or proceeding
Decree reversed lin partl
SD. Mcconnell, Tor Appellant; w. W. Hamp-
toTsand John G. Reardon, for Appellee.
E. n. Skinner, Appellant, VS.. John Pinney, Ap-
p4ilee. Appeal from Escambia County.
RANDALL, c. J.:
l.. The statute OF this State provides that Ger
titled copy of deed duly recorded shall be rs-
ceiyed ih evidence in the same manner - the
original thereof may be" and with the like force
and effect. The execution1Df an original deed
duly acknowledge presented in evidences by
parsy clssming underit, must be proved and there
fore certified copy is not per - evidence of the
que execution of the original
! 9. The statute does not make the acknowledg-
tDeat or proof Of deed for the purpose Of regis
traiiOn evidence Of its due execution for any
ether purpose. (Hogans vs. Caruth, 10 Florida,
503l
:. When A. trespasses upon land In the posses
sioti of g. and cuts down trees making them into
logs and takes them away from the land, b may
msihtain an action Of trover for the conversion
of <he logs
& A ttespasser acquires no property In such
logs by having bestowed his labor upon them
Though their value is enhanced by the labor.
:. The measure of damages In an action Of
tr6yer for logs taken from land in the plaintiff 3
possessioH, is the value of the logs at the time
ana place Of conversion with interest. The con-
vetsion IL complete when the logs are taken
away from the premises
/: s. PrJof of possession Of land by the plaintiff
is sufficient to enable him to maintain trover for
logs taken from the land.
I: z. A defendant in trovef cannot sci up title 10
the property in third person unless he connects
biSnself In some manner with that title.
/; Judgment affirmed.
1 wv. a Bount, for Appellant; John O. Avery
aria John A. Henderson, for Appellee.