DUANE v. STALEY


98 So.2d 74 (1957)

Dale DUANE and Jean C. Duane, his wife, and First Federal Savings & Loan Association of Orlando, a corporation organized and existing under the laws of the United States of America, Appellants. v. Marcellus STALEY and Dave Starr, sheriff of Orange County, Florida, Appellees.

Supreme Court of Florida.

Rehearing Denied December 3, 1957.


Attorney(s) appearing for the Case

Edward J. Hanlon, Jr., Orlando, for Dale Duane and Jean C. Duane.

Maguire, Voorhis & Wells, Orlando, for First Federal Savings & Loan Association of Orlando, appellants.

Murphy & Murphy, Orlando, for appellees.


ROBERTS, Justice.

The history of this litigation and the factual background are detailed in the dissenting opinion by Mr. Justice Thomas and will not be repeated here.

The facts are not in dispute; the principal controversy is as to the efficacy of such facts to constitute notice of the adverse claim of the appellants under their prior unrecorded deed. This court said in Carolina Portland Cement Co. v. Roper, 1914, 68 Fla. 299, 67 So. 115, 116, that

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