Ashmead v. Wilson

Citations

• 22 Fla. 255

Syllabus

<p>1. In an ejectment suit the description of property in a deed introduced as evidence must correspond with the description of the land described in the pleadings sufficiently to establish their identity. When identity really exists, but is not apparent from the language, parol proof may be introduced to show that although the description of the land in the deed and pleadings is different, yet that the same land is described in both proof and pleadings.</p> <p>2. In a suit in ejectment by the executor of A. for a tract of real estate of which A. was proved to be in possession for a long time prior to his death, the character in which such executor sues not. being denied, any possession by the executor of said real estate after the death of A. and before suit, will be presumed to be by the executor as executor.</p> <p>3. A plaintiff in ejectment may recover upon proof of prior possession against one found in possession of the land without title.</p> <p>4. It is not error to refuse to admit in evidence a certified copy of a judgment; an authenticated copy of the whole record, or the record itself should be produced.</p> <p>5. A charge which instructs the jury that a deed which is in evidence shows a fee simple title in an estate, is erroneous.</p> <p>6. A charge, to a jury in a suit in ejectment by an executor as such, that they should find in their verdict that the plaintiff has a fee simple title in the land sued for, is error.</p> <p>7. A charge to a jury which assumes the truth of a material allegation which is in dispute, usurps the prerogative of the jury.</p> <p>8. When the description of land sued for in the. pleadings is not supported by description in the deed introduced as evidence, an instruction to the jury that the cleecl shows title to the property in suit, is error.</p> <p>9. The act of December 20th, 1859, authorizing a recovery in an action of ejectment “of the land in controversy, together with mesne profits,” combined the action of ejectment with