54 Fla. 259 | Fla. | 1907
— The defendants in error, hereinafter referred to as the plaintiffs, sued the plaintiff in error, hereinafter referred to as the defendant, in an action of ejectment in the circuit court of Lee county for recovery of the possession of and adjudication of the title to, lot one (i) of Section Eight (8) in Township' Forty-four (44) South in Range Twenty-one (21) East containing about 84.43 acres. The defendant filed two pleas: (1) Not guilty. (2) Denying that he was ever in possession of the land sued for. The trial resulted in a verdict and judgment for the plaintiffs, and for.review of such judgment the defendant brings the case here by writ of error.
The premises in controversy comprises an island in Charlotte’s Harbor on the Gulf coast of Florida, as will appear by the following plat reproduced from the official government surveys and maps of the premises .and its adjacent surroundings.
The court below also erred in giving to the jury a peremtory charge to find for the plaintiffs.
The judgment of the circuit court in said cause is hereby reversed and a new trial awarded at the cost of the defendants in error.
Hocker: and Parkhill, JJ., concur;
Shackleford, C. J., and Cockrell and Whitfield, JJ., concur in the opinion.