The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-12-27
HEADNOTES OF
COURT
Decisions Handed Down Re-
Gently by Florida's High
est Tribunal.

In the Supreme Court OF Florida
Division B. June Term. A. d. 1908
Harry Feinberg, plaintiff in error, vs..
r. c. Stearns, defendant in error
Gadsden county. Taylor, j.
Unrecordeds conyeyance-does not
/ affect Judgment creditor without no
tice-burden OF proof of notice OF I'M
recorded nveyance-assignee OF
judgment takes all rights and RENE
i dies of judgment creditor
I. The law is well settled that un'
der our recording laws subsequent
purchasers and creditors acquiring
subsequent liens by judgment or other
| wise without notice of a prior unre-
| corded deed will be protected against
such unrecorded conveyance, unless
| the party claiming Hereunder can
show that such subsequent purchaser
| or lien creditor acquired his title or
lien with notice of such unrecorded
conveyance; and the burden of show
| ing such notice is upon the party
| claiming under such unrecorded con-
| veyance- Ali of the Prescriptions IN
such case are in favor of the bona
| fides of such subsequent purchaser Of
| lien creditor, and that they acquired
their subsequent title or lien in good
faith and without notice of the unre-
| corded prior conveyance.
2. An execution creditor, equally
with subsequent purchaser, is pro-
tected under the statute against unre-
corded deeds, and in order to deprive
such Judgment creditor of the protec-
ton of the recording statute it must
be shown that he had notice in some
recognized way of the rights of the
party claiming under the unrecorded
deed at the time of the rendition OF
his judgment
5. The assignment of judgment
carries with it the cause OF action on
which it is based, together with all
tn ebeneficial interest of the assignor
in the Judgment and all of its incidents.
Such an assignment entities the as
signee to use every remedy, lien, or
security available TO the assignor as
means of enforcing the Judgment.
And il in such case, the judgment
creditor had no notice of an unrecord-
ed deed at the time of the rendition
of his judgment his assignee Of such
judgment will be protected by the re-
coriing statute against such unrecord
ed deed even though such assignee
had knowledge of such unrecorded
deed prior to his purchase of said
judgment. If a judgment creditor had
no notice either acfnal or constructive
of an unrecorded deed made by the
JuQRnlGHI QCDtoI Id dnOtuCi OclOlO
rendition of such Judgment, it is inn
material whether a purchaser at a sale
under the judgment had notice of such
unrecorded deed or not. A purchaser
with notice from a purcha~er without
notice takes a good title.
A. Where land in possession of a
tenant is conveyed, the continued pos
session of the tenant of the grantee
is not constructive notice of the I'M
recorded deed.
Judgment reversed.
T. C. Love for plaintiff in error.
No appearance for defendant in
error.
In the Supreme Court OF Florida,
En- Banc. June Term, A. ID. 1908
The ]. /. Kelly Company, a corpora
ton, plaintiff in error. w. Saint Paul
Fire and Marine Insurance Company.
q corporation, defendant in error.
Walton county. Taylor. j.
Fire insurance-forfeiture clause on
commencement of foreclosure proceed
ipgs.
The following clause in policies Of
fire insurance: "This entire policy
unless otherwise provided by agree
meHt endorsed hereon or added here
to, shall be void if, with the knowl-
edge of the insured, foreclosure pro-
given of sale of any property covered
by this policy by virtue of any mort
gage or trust deed" held, to be a
wise and proper safeguard to the in
surer against the greatly increased
risk consequent upon the circum-
stances provided against therein. And
that where an insured mortSagor en-
deavored 70 make arrangements 10
postpone the institution OF proceed
ings to foreclose the mortgage upon
the insured property and was notified
OF the commencement OF the foreclos-
ure proceedings the day they were
commenced, failure TO procure from
the insurer an agreement to be en- |
dorsed on or added to the policy OF |
insurance giving the consent of the in |
suFer to a continuation OF the risk |
Notwithstanding the foreclosure pro- |
ceedings, renders the policy void as
provided therein, in the absence OF a |
waiver.
Judgment affirmed
Hooker and Parkhill, j., dissenting |
Cockrell, j., disqualified
e. C. Maxwell and w. w. Flournoy, |
for plaintiff in error.
Blount & Blount & Carter for de- |
PENDANT in error.
In mending winter underwear. learn |
to join them properly You will find !
seams can be nicely joined if white |
4 embroidery cotton is
used for the purpose Where there |
is a strain upon any part of gar
ment, buttonhole the entire rent, then /
whip the edges together. Ii the knit (
ted neck bands are worn off, care suliy /
unravel the edge or cut it on. taking /
care not to cut the article, then knit |
g shell edge with white silkaleen |
Patches should be twice stitched /
around the edge with a heavy cotton |
thread. 1t is impossible 10 turn the /
edges of the patch or cut The hole TO |
MT the patca, so place 1t on the under
side and sew it twice around the edge /
ON the machine; then the garment /
and sew twice around the torn or
worn place. This makes strong
patch, though not very neat one. !
White dar1ing cotton is not SO good