Adams v. Fryer

Citations

• 59 Fla. 112

Syllabus

<p>Adverse Possession—Substantial Enclosure.</p> <p>1. Where a party claiming under a tax deed, that is admittedly void, bases his right to the land involved upon a four years’ actual adverse possession thereof under the provisions of Section 591 of the General Statutes, and the only proof of such possession is that he stretched around the entire tract containing upwards of 2,500 acres one barbed wire nailed to trees and saplings and a few posts at a height of about four feet from the ground and under this barbed wire two strands of small smooth telephone wire, and it was proved without contradiction that cattle of the neighborhood roamed through and over it at will, and that the land wa$ wild and unimproved: Held, that this was not such a substantial enclosure, / as gave to the party adverse possession under our statute; and that under the proofs an affirmative charge should have béen given to the jury to find for the plaintiff.</p> <p>2. Where a party claims title to land by adverse possession he should show clearly, definitely and with accuracy that he continuously maintained a legally recognized possession for the full statutory period necessary to bar the former owner.</p>