Bay Point Mill Co. v. Saunders

Citations

• 58 Fla. 389

Syllabus

<p>1. Exclusive occupancy of land under claim of title and the actual boxing of the pine timber thereon in good faith for any considerable length of time, is possession, and sufficient to sustain an injunction against irreparable injury to the premises by another who subsequently enters without good title.</p> <p>2. In a suit to enjoin the cutting and moving of timber from land valuable chiefly for the timber, where the complainants allege “that they are the owners in fee simple and are in possession of” the land, and the answer not under oath admits that one of the complainants “caused men to enter upon and trespass upon said land and box part of the pine timber on said land, but erected no structure upon the said land, and the defendant denies that the plaintiff boxed or caused to be boxed all the timber on said land,” and neither complainants nor defendant shows good paper or other title or right to the possession of the land, a decree enjoining the .defendant and reserving to defendant “the right to institute such action at law as it may be advised, to recover possession of the said premises,” will not be reversed, no error of law appearing.</p>