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· 1/15/1909

Armstrong v. Wilcox

Citations

  • 57 Fla. 30

Syllabus

<p>1. The mere fact of tenancy does not necessarily prevent the acquisition of an adverse tax title to the land occupied.</p> <p>2. A tenancy at will or by sufferance may become an adverse holding against the landlord without surrender of the possession, but the disclaimer and disavowal of the landlord’s title must be brought home to him by clear, positive and distinct notice.</p> <p>3. If the ancestor were alive' when ' the adverse possession began, the disability through non-age of his descendants does not check nor impede the running of the statute.</p> <p>4 Those claiming the exception to the statute of limitations in ejectment by reason of minority should show that the right of action first accrued during such minority.</p> <p>5. The evidence supports the verdict.</p>

Judges: Account, Cockrell, Illness, Parkhill

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