Carr v. Lesley

Citations

• 73 Fla. 233
• 74 So. 207

Syllabus

<p>1. While the findings of the Chancellor on the facts where the evidence is heard by him, and the witnesses are before him, are entitled to more weight in the Appellate Court than where . such findings are made in a cause where the testimony was not taken before him, yet in either case the Chancellor’s findings should not be disturbed by an Appellate Court unless shown clearly to be erroneous.</p> <p>2. The possession of one tenant iti common is prima facie the possession of all, and one tenant ill common cannot hold possession adversely to his cotenant until he brings home to his. cotenant the knowledge that such possession is in hostility to, and a denial of, the other’s title, or that the character of his possession in the qualities of openness, hostility to and exclusiveness of his cotenant is such as to reasonably put such cotenant on notice.</p> <p>3. Where one acquires an interest in land from one of several owners or tenants in common, he becomes tenant in common with such others in place of his grantor.</p> <p>4. Where an intendeds purchaser of lands owned by several persons, agrees with one representing himself*to be their agent, to buy such lands and causes a deed to be prepared which is to be executed by all the tenants in common, and pays down the purchase money for the land to such pretended agent who procures the signature of only one of the owners to such deed and notifies the purchaser that the others refuse to sign, such purchaser does not acquire by such transaction ' the entire interest in the land.</p>