92.08
Deeds and powers of attorney of record for 20 years or more.
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92.08 Deeds and powers of attorney of record for 20 years or more.—The recitals in any deed of conveyance or power of attorney shall be admissible in evidence when offered in evidence by either party to any suit at law or in equity as prima facie proof of the truth of the facts therein recited, provided such deed of conveyance or power of attorney appears regular on its face and is a muniment in the chain of title under which the party offering the deed claims, and has been recorded as provided by law for more than 20 years prior to the institution of the suit in which it is offered; and provided further, that the party offering the deed of conveyance or power of attorney for such purposes shall at least 10 days before the trial of the suit in which the said copy is offered in evidence give notice to the opposite side of the intention to offer such copy in evidence and the purpose for which the same will be offered, and deliver with such notice a copy of the deed or power of attorney. The original deed or power of attorney shall be offered unless the party offering the certified copy shall show that the original is not within the custody or control of the party offering the copy.
History.—s. 2, ch. 10111, 1925; CGL 4392.
Notes of Decisions
Cited in 2
cases, 1958–1960 · leading case: Foremost Properties, Inc. v. Gladman
Foremost Properties, Inc. v. Gladman (1958)
“The cause was referred to a Special Master and appellant having given the notice required by F.S. § 92.08, F.S.A., offered in evidence a certified copy of a deed from Henry L.”
Lefkowitz v. McQuagge (1960)
“2d 669 as holding that Section 92.08, Florida Statutes 1959, F.S.”
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