Buesing v. Forbes

Citations

• 33 Fla. 495

Syllabus

<p>1. Where a surveyor would have no difficulty in locating the land sued for in an action of ejectment from the description given in the declaration, such description is sufficient.</p> <p>'2. A plea in an action of ejectment setting up nothing as a defense of which the defendant could not avail himself under the plea of not guilty, may be stricken out by the court on motion.</p> <p>3. The effect of the plea.of not guilty, standing alone, under Section 3, Chapter 3244, laws of 1881, is to admit possession by the defendant, and if the defendant desires to defend on the ground that he is not in possession, or, in case of adverse claimant, that he does not occupy adversely, it must be done by special plea. The two pleas are not inconsistent with each other and may be filed together in the same action, and it is error for the court to refuse the defendant the right to do so when desired.</p>