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proposition that all men are created equal XXXX." (Emphasis supplied.)
Five years prior to that our forefathers also said in the Declaration
of Independence (25 F.S.A. 11) that. they were sick and tired of ty-
rannical, excessive, and centralized government. Read the Declaration
of Independence for a surprising enlightment::
The point to all of this is that the actual law as of this
date is that there are no legal restrictions to perpetual lease re-
newals in Florida. The Plaintiff suggests this Court "make some law."
The Defendant-tenant suggests this Court decline to add more harass-
ment or government restrictions to the existing complicated field
of property law: This Court rules that the rule against perpetuities
does not apply to this lease. The parties are free to contract as
they may please::
SECOND HOLDING
Having decided the lease of the tenant to be valid and
enforceable the next question is whether or not the tenant may prevail
against the new purchaser-landlord notwithstanding his "after-recorded"
lease.
All parties concede that both the buyer and seller could
observe the tenant in possession of an office in the hotel and that
both the buyer and seller knew of the existence of a lease. The
Court finds that the seller had forgotten the renewal provision of
t -
his lease and that the buyer had never known of that provision. There-
fore, both actual and constructive notice existed. Hence the tenant
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need not record the lease since he was an innocent party to the
transactions. See 1, Boyer Fla. Real Estate ~_Yransactions, p. 721,
t
527.02 and 527.03. Possession through tenants constitutes notice of
an unrecorded interest claimed by their landlord. Bauman y. Peacock,
s
~ 80 So.2d 365 (S.Ct. 1955).
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Don't forget the. old common law adage that of two innocent
.parties, the one who caused the wrong must bear the consequences.
Thus this Court finds the lease binding on both the buyer and seller
of the hotel. Specific performance is granted.
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