52 Fla. 253 | Fla. | 1906
On November 2nd, 1898, the plaintiff in error brought an action of ejectment in the Circuit Court for Holmes county against the defendant in error to re
The declaration alleged, and under the statute the plea of the general issue admitted,that the defendant was in possession of the land described in the declaration.
Where the defendant in ejectment is in actual possession of the land in controversy, the plaintiff cannot recover when he fails to show legal title in himself or that lie was in prior actual possession of the land and was ousted by the defendant. See Hartley v. Ferrell, 9 Fla. 374; Seymour v. Creswell, 18 Fla. 29; Simmons v. Spratt, 20 Fla. 495; Ashmead v. Wilson, 22 Fla. 255; L’Engle v.
In this case no deeds or other instruments conveying title were introduced in evidence. The depositions taken in 1901 of several witnesses for the plaintiff were put in evidence without objection. In one of the depositions the plaintiff testified that he knew the location of the land and had known it aboue seventeen years; that it was reported to belong to him; that he paid for and had a deed to the land; that the deed was properly recorded, but it had been lost and the record of it destroyed by fire; that he went into possession of the land under his said deed about 1883, and exercised acts of ownership over the land, paid taxes on it and had an agent to look out for it and to report any trespassing on it; that he made the improvements to be in possession of the land, the nature of the improvements not-being stated; that the land was wild and uncultivated prior to 1882; that he held tax receipts showing that William Loftin was paying taxes on the land thirty years ago; that William Loftin did not exercise any acts of ownership over the land after 1882; that plaintiff has paid taxes on it since that time; that neither William Loftin nor Mary Jane Loftin interfered with plaintiff in the possession of the land “until a few years back” when he was served with a temporary injunction from the court in behalf of Mary Jane Loftin; that he lives near twelve miles from the land; that William Loftin knew that the land was sold for its taxes about 1880, and purchased by plaintiff’s grantors, and a deed made to them of the land; that the land was not redeemed by William Loftin who knew plaintiff “purchased it and
The plaintiff established no title in himself by adverse possession or otherwise. No facts are testified to which show the possession required by law. Florida Southern Ry. Co. v. Burt, 36 Fla. 497, 18 South. Rep. 581. No such prior actual possession and ouster of the plaintiff are shown as would entitle the plaintiff to a judgment in his favor. See L’Engle v. Reed, 27 Fla. 345, 9 South. Rep. 213; Seymour v. Creswell, 18 Fla. 29. There was consequently no error in rendering judgment for the defendant.
The judgment is affirmed.