65 Fla. 447 | Fla. | 1913
S. Otis and W. W. Harrison filed their bill in chancery against F. M. Baggott and J. F. Poore, wherein they alleged that the complainants were “the due and lawful owners in fee simple” of a certain parcel of land, “known as the Joseph Bonifay Grant, being section nineteen (19) in township one (1) south of range twenty-eight (28) west,” which was “wild, unenclosed, timbered land” and chiefly valuable for the timber growing thereon. The bill further alleged that the defendants had entered upon such land, “without authority or right, without consent and over the protest of said complainants,” and were cutting boxes in the pine trees growing thereon for turpentine purposes, which would result in “great and irreparable damages” to the complainants, unless the defendants were restrained from so trespassing upon the land by an order
The defendants contend that the evidence fails to establish the title of the complainants, but does establish, or at least strongly tends to do so, title in Mrs. H. S. Keyser, the lessor of the defendants, both by reason of adverse possession of the land for the statutory period and by reason of the presumption of a deed from the original grantee to one of her predecessors in title. We have carefully read all the evidence and recognize the fact that there are serious conflicts therein and also that it is not as clear and satisfactory upon certain material points as we would like to have it. This is doubtless due in part to the length of time which has elapsed