¶1 concurring:
¶2 While the holding in Boley v. Daniel, 72 Fla. 121, 72 So. 644, cited in the foregoing opinion, was later modified to some extent in Federal Land Bank v. Godwin, 107 Fla. 537, 136 So. 513, 145 So. 883, and *100 Federal Land Bank v. Dekle, 108 Fla. 555, 148 So. 756, at least as applied to the facts in those cases. I think the paragraphs above quoted from Boley v. Daniel are still a correct statement of the general principles involved and are not changed by our subsequent cases.