Caro v. Pensacola City Co.

Citations

• 19 Fla. 766

Syllabus

<p>1. Where the right to the possession of and the title to land is established by an action at law after vexatious and continued litigation a court of equity has jurisdiction to declare the right and to protect it by a perpetual injunction; and threatened irrepai’able injury is not a necessary element of the equity.</p> <p>2. Where there is a peculiar state of property in that it is a large tract of land adjoining a growing city and there are a large number of persons claiming possession and title from the same source as against one or more persons claiming title from the same source, equity will interfere in behalf of those in possession to declare, the right and will enforce it by a perpetual 'injunction. This without the prior establishment of the right at law and without proof of threatened irreparable injury.</p> <p>3. To the extent that there is an actual occupation of land, their possession as a fact whether rightful or wrongful is fixed. Where, however, there is no actual occupancy or such possession as the law determines to be adverse, the law casts the possession with the legal title.</p> <p>4. Although a temporary injunction may be erroneously awarded upon the bill yet if it is permitted to stand until the hearing, it will then be sustained to the extent equity appears and upon appeal the decree will be affirmed to that extent without regard to the preliminary injunction.</p> <p>5. A suit cannot be instituted against the agent of a person, the service be perfected upon the agent alone, and a decree be made binding upon the principal.</p> <p>6. Where the bill and evidence discloses that there are persons, not made parties, claiming rights in the property, they cannot be bound by the decree, no matter what may be the allegations of the bill or the evidence as to the nature of their claims.</p> <p>7. The presumption is that the grantee in a deed or other conveyance of property had the capacity to acquire property, and where a defendant alleges in his answer