The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1915-04-01

DEGREES rs shall be according to equity in tn
premises and shall be In conformity 70 TIKI
principles of this Act.
Section 81. The order or decree 20 made anS
entered shall. except - herein otherwise pro
vided, be forever binding and conducive upor
all persons, whether mentioned BY name II
the petition or included in "All whom 1t may
concern" 1t shall not be an exception Il
such conclusiveness that the person 10 an in
FAINT, lunatic or is under any disability. but
such person may have recourse upon the In
demnity fund hereinafter provided, for an,
loss he she may suffer by reason OF being
SO concluded. A writ of error may be sued Out
to the Circuit Court within thirty days aftel
the entry of the order or decree. and moi
afterwards. Any person having an interest
in lien upon the land who has not beer
actually served with process or notified oi
the filing of such application or the pendeneJ
thereof. may, at any time within one veal
after the entry of such order or decree. ant
not afterwards, appear and file his sworn
answer to such application in like manner u
is hereinbefore prescribed for making answer
Provided. The affidavit shall also state that
such person had no notice. Information OF
belief of the filing of such application or the
pendency of the proceedings until within one
month of the time of the filing Of such answer
Upon the filing of such answer. and not less
than ten day notice being given to the ap
plicant, the court shall proceed to review thu
case, and ii the court Is satisfied that tho
order or decree ought to be opened. an order
shall be entered to that effect and the cour,
may proceed to review the proceeding ant
make such order in the case shall be &C.
error may be sued out. in such case. within a
like time and in like manner as in the case
of an original order or decree under this
Act. and not otherwise.
Section %. No person shall commence any
action at law or equity for the recovery OF
lands or assert any interest or right in or lien
demand upon same. make entry thereon
adversely to the title or interest as found
ordered and decreed by the court. unless with
in one year after the entry of the order OIL
decree. This section shall be construed as
giving such right of action to such persons
only as shall not. because of some irreguarity
insufficiency. or for some other cause. be
bound and concluded by such order or decree.
Section 49, Amy person having any in
terest, right, title. lien or demand. whether
vested. contingent or inchoate, in. to or upon
registered land. which existed at the time the
land is first registered. and upon or for
which no cause of action shall have accrued at
the date of the registration of the land, and
who has not become barred or concluded by
such order or decree. may prior to the ex-
piration of said one year, after such regstra-
ton. file in a Registrars office, a notice,
under oath. setting forth his interest. right.
title lien or demand. and how and under
whom de rived and the character and nature
thereof, and if such counter-caim is so filed
an action may be brought to assert or recover
or enforce the same at any time within one
year after the right of action shall have &C.
crued theron, and not afterwards 1t shall be
the duty of life tenant or trustee to file
such counter-caim on behalf of any remainder
man or reversioner. whether the remainder
or reversion be at the time vested or con-
tingent, and of guardian to file such counter
claim on behalf of his ward.
Section "a. Upon the filing of q certificate
signed by the Clerk giving the effect of the
order or decree of the court or a copy of such
order decree in the Registrars office, the
Registrar shall proceed to register the title or
interest pursuant TO the terms of the order or
decree, in the manner following:
Section %. He shall make out a certif-
cate of title which may, subject to such change
as the case may require. he substantially rs
STATE OF FLORIDA
COUNTY OF ----
First Certificate of Title pursuant to Order
of Circuit Court, ------ Co, -.
--------- of (residence. and if minor give his
age; II under other disability. state the nature
Of the disability is the owner Of an estate in
Zee simple Tor as the case may bel in the
following land there describe the premises)
subject to the estates. easements, membranes
and charges hereunder noted. In case Of trust
condition or limitation, say Tin trust" or up
on condition or with limitation" as the case
may be.
Witness my hand and official seal this (date).
Section 2s. All subsequent certiaests s,', NAV
be In like form. except that in place Of the
words first certificate, etc: shall be the
words Transfer from No. --------------".
(thc number Of next previous certifcate) also
the words First registered ---------------",
tdate of first registration).
Section ~. Every certificate shall bear date
OF the day and year Of its issue, and be under
the hand and official seal Of the Registrar. and
be numbered in the order of its issue. ii the
owner y minor Il shall state his age, II
under any other disability. the nature Of the
The registrar shall note at the
end Of the certificate. in such manner q TO
show and preserve their priorities, the par.
ticulars Of all Estates. mortgages, membranes
end charges to which the owners title is sub.
let.
Section 20. In all cases where two or more
persons are entitled ~ tenants In common 70
receive . separate certificate for his undi.
vided share.
Section 60. The Registrar shall keep q book
to be known - the Register Of Titles" where
In he shall enter oil Ast and subsequent
recording them therein in the order Of their
numbers. with appropriate blanks for the
entry Of memorials and notations allowed By
this Act. Each certificate with such blanks,
shall constitute separate folium of such book
All memorials and rotations that may be en-.
tered upon the Register under the term Of
this Act shall be entered upon the folium con-
stituted by the last certificate Of title Of the
land TO which they relate. Whenever the term
shall be deemed as including all memorials
and notations hereunder noted.
Section 80. The registrar shall at the same
time that he makes out his original certificate
OF title. make out an exact duplicate thereof.
with the memorials and notations Hereunder
noted. which shall be delivered to the owner
and shall be known a. the owners duplicate
Section 81. For the purpose Of preserving
evidence Of the handwriting of the owner In
his Office. II shall be the duty of the Re9is.
trsr to take from the owner. in every case
where II u practicable 20 to do. his receipt for
the certificate Of title. or whatever paper shall
be issued to him. signed BY the owner in per
SON. When such receipt Il signed in the
Registrars office It may be witnessed By the
Registrar or some deputy. II signed else
where II may be Acknowledged before any Of
fcer authorised to take acknowledgements Of
deeds. When 80 signed and witnessed or &C.
evidence Of the genuineness Of such sigma.
ture.
Section 49,. In every case of final initial
registration the certificate Of title shall relate
back to and take effect as of the date Of the
order or decree directing the registration. and
all dealings with the land. and all statutory
or other liens upon the same subsequent to the
filing Of the application shall be subject to
such order or decree of the court.
Section SO. Such certificate, with the mem.
orias and notations Hereunder noted. and
any copy thereof duly certified under the hant
and seal of the Registrar. and the owners
duplicate certificate shall until the expiration
Of the time herein limited to bring some &C
ton or to contest the title of the registered
owner, be in all courts and places prima faci,
evidence that the provisions of the law hav,
been complied with, and that such certificate.
of title have been issued in compliance with
valid order decree. and that the title I,
the land is as therein stated. and after tn,
expiration of such time limited shall be con
elusive evidence of the same facts
Section 81. The registered owner of an,
estate or interest in land brought under THU
Act. shall, except in cases of fraud to which
he is a party, or of the person through whom
he claims without valuable consideration pal,
in good faith, hold the same subject onl,
TO such estates, mortgages, liens. charges an,
| interests may be noted in the last certifcat,
Of title in the Registrars office and free from