Baugher ex rel. Hyer v. Boley

Citations

• 63 Fla. 75

Syllabus

<p>1. Section 33 of Article III of the Constitution forbids the legislature to lessen the time within which a civil action may be commenced on an existing ca se of action to recover the possession of land.</p> <p>2. To acquire title to real estate by adverse possession without color of title, the premises actually occupied must have “been protected, by a substantial enclosure” or have “been usually cultivated, or improved.” for the full statutory period.</p> <p>3. While the digging of holes on land and the placing of posts therein on which a wire fence is put may be a trespass, the land is not actually occupied so as to start the running of the statute by which the occupant may acquire a title by adverse possession without color of title until the land is “protected by a substantial enclosure,” by the completion of a proper fence, where the land is not “usually cultivated, or improved.’’</p> <p>•4. Great latitude is to be allowed in the reception of indirect, or circumstantial evidence. It includes all evidence of an indirect nature, whether the inferences afforded by it be drawn from prior exx>erience, or be a deduction of reason from the circumstances of the particular case, or of reason aided by experience. The competency of a collateral fact to be used as the basis of legitimate argument, is not to be determined by the conelusiveness of the inferences it may afford .in reference to the litigated fact. It is enough if these may tend, even in a slight degree, to elucidate the inquiry or to assist, though remotely to a determination probably founded in truth.</p> <p>5. Where evidence that is admitted is merely cumulative and favorable to or not harmful to the complaining party and is ' not forbidden by law, reversible error cannot be based thereon.</p> <p>6. Receipts for labor performed in constructing a fence and bearing particular dates may be relevant to the issue as to when the fence was built.</p> <p>7. When there is evidence that title by adverse possession t