Asia v. Hiser

Citations

• 22 Fla. 378

Syllabus

<p>1. The statute of 1881, section 4, p. 481, McC’s. Digest, requiring a verdict for the plaintiff in an action of ejectment to state the quantity of his estate and describe the land, does not dispense with the necessity for a finding of his right of possession.</p> <p>2. A verdict in ejectment which simply finds “the fee simple title in the plaintiff to the following lands,” describing them, does not find the right of possession in the plaintiff, nor does it authorize the entry in behalf of the plaintiff of a judgment for recovery of possession of the land.</p> <p>3. Pleadings should be properly settled and issues of fact formally made up before a trial by jury is had.</p> <p>4. There must have been a judgment for the plaintiff in ejectment before proceedings can be instituted by the defendant therein under the “ act for the relief of occupying claimant. ” Chap. 132, McC’s. Dig.</p>