Avery v. Lock
Citations
- 55 Fla. 612
Syllabus
<p>Every presumption is in favor of a possession in subordination to the title of the true owner, and where a defendant in an ejectment suit relies upon a title by adverse possession, without color of title he must show an actual, continuous and uninterrupted possession, such as the statute requires, for the full statutory period; and when the evidence offered to establish adverse possession is uncertain as to the date when the acts constituting adverse possession were commenced, and does not clearly show that they were commenced a sufficiently long time, before a suit to recover possession is brought by the true owner as to render the bar of the statute complete, the defense of adverse possession can not avail.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing Goodman’s holding that, where “a new statute of limitations . . . reduce[s] a limitation period after claims ha[ve] accrued, . . . persons with accrued and unbarred claims must be afforded a reasonable time within which to file suit”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hooker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.