Brown v. Banks

Citations

• 54 Fla. 255

Syllabus

<p>1. In an action of ejectment where it is shown that in a prior action in ejectment against one of the defendants judgment for the land was recovered and possession thereof delivered to one of the defendants in the present action as the tenant of the plaintiffs, the record proceedings in the former action are admissible and such proceedings constitute evidence of title and right of possession in the plaintiffs as against the defendant, who was the sole defendant in the former action.</p> <p>2. Where a defendant in ejectment claims only under a patent issued prior to an adjudication against him by a court of competent jurisdiction of the title and right of possession to the land in favor of a plaintiff, who was given possession under</p> <p>such adjudication, such patent cannot be set up as a defense to a subsequent action of ejectment by the same plaintiff against the same defendant.</p>