Barrs v. Brace

Citations

• 38 Fla. 265

Syllabus

<p>1. The absence of a similiter to a plea tendering an issue will not cause a reversal of a judgment when the parties go to trial without raising any objection on account of such absence.</p> <p>2. Every presumption is in favor of a possession ip subordination to the title of the true owner, and an adverse possession as against such owner must be taken strictly and. established by clear and positive proof. The possession necessary to confer title by an adverse holding must be actual, continuous and adverse to the legal title for the full statutory period.</p> <p>3. The questions controlling the disposition of this case are of fact arising on the evidence, and giving to the finding of the referee on the evidence the same effect as'is accorded to the verdict of a jury, the judgment must be affirmed</p>