Briggs v. Weston

Citations

• 36 Fla. 629

Syllabus

<p>1. ' The rule established in this State is, that when it is shown in the event of an absolute sale of personal property that the vendor has continued in the possession of the same, and the vendee has in no way assumed possession, the burden rests upon the latter to show that the former’s possession is either consistent with the deed, is unavoidable, temporary, or for the reasonable convenience of the purchaser. In such case, without evidence explaining the possession of the vendor, a verdict sustaining the sale would be contrary to the evidence.</p> <p>2. The continued possession and use of personal property by the vendor for his own use is inconsistent with a tona fide sale of the property, and requires satisfactory proof in explanation of such possession and use.</p>