Bass v. Ramos

Citations

• 58 Fla. 161

Syllabus

<p>1. A charge directing a verdict for the defendant should never be given unless it is clear that there is no evidence whatever adduced that could in law support a verdict for the plaintiff. If the evidence is conflicting, or will admit of different reasonable inferences, or if there is evidence tending to prove the issue presented by the plaintiff, it should be submitted to the jury as a question of fact, and not taken from them and passed upon by the judge as a question, of law.</p> <p>2. Where it is apparent that no evidence has been submitted upon which the jury could lawfully find for the plaintiff the judge may direct a verdict for the defendant.</p> <p>3. If upon the evidence adduced a verdict for the plaintiff could lawfully have been rendered, a charge of the court to find for the defendant is error that necessarily injures the plaintiff.</p> <p>4. The general rule in actions of -ejectment that the claimant must recover upon the strength of his own title, does not operate to prohibit the acquisition of possessory rights which may be enforced in actions of ejectment between parties in cases where the true, owner does not intervene; but a prior possession, to be effective as- against a mere squatter or intruder in actual possession, must be an actual unabandoned possession.</p> <p>5. A plaintiff may recover possession of realty by virtue of a proper prior possession, for then he recovers as much upon the strength of his own title as if he shows a good title to the premises.</p> <p>6. A plaintiff in ejectment without title cannot recover as against a mere intruder without title, if such plaintiff has not himself had a prior actual possession of the land.</p> <p>7. A recovery in ejectment may be had by on.e without title but who was in prior actual and proper possession of the land and such prior possession need not have been for the statutory period necessary to mature into a perfect title by adverse possession.</p> <p>8. In order to recover the possession of