53 Fla. 319 | Fla. | 1907
This is a case in which an action of ejectment was brought, by the Southern Land & Timber Com
It is admitted in the record that the plaintiff’s deeds to the lands gave him a perfect paper title, and the contention of the defendant was that he had a title by adverse possession under color of title based on a tax deed made in 1890, which he admits is void as a tax title, but contends, is sufficient in law to support a title by adverse possession. The tax- deed is in regular form and purports to convey the lands in dispute. The only question, therefore, is whether the defendant made out a title by adverse possession under the. evidence.
Mr. Gilbert testified that in 1894 or 1895, a Mr. Lee'got authority from him to enclose and did enclose with a fence five or six acres of the southwest quarter of the southeast quarter of the land in dispute; that Lee built a house on the adjoining southeast quarter of the southeast quarter, and lived in it for five or six years — he does not know how long — and enclosed and cultivated for that time a field which as above stated embraced five or six
It was said by this court in Barrs v. Brace, 38 Fla. 265, 22 South. Rep. 991, that “every presumption is in favor of a possession in subordination to the title of the true owner, and an adverse possession as against such owner must be taken strictly, and established by clear and positive proof. The possession necessary to confer title by an adverse holding must be actual, continuous and adverse to the legal title for the full statutory period.”
The evidence in this case is too -desultory and uncertain as to the date.j^hen the acts were commenced by which it is attemptedno make out a title by adverse possession, to justify us in reversing the judgment of the trial court, and the same is affirmed at the cost of the plaintiff in error.