Clark ex rel. Townsend-Bower Co. v. Cochran
Citations
- 79 Fla. 788
- 85 So. 250
Syllabus
<p>1. In an action of ejectment the rule is that the plaintiff must recover if at all upon the strength of his own title and not on the weakness of his adversary’s title; but if the plaintiff traces his title from the government he need not show possession by intermediate grantors.</p> <p>2. In an action of ejectment involving the title to lands em braced in what is known as the “Forbes Purchase,” a large tract of land lying between the St. Marks and Apalachicola rivers in the State of Florida and granted by the Seminole Indians and confirmed by the Spanish Government to Panton, Leslie & Company and John Forbes & Company, the patent fr.om the United States Government to Colin Mitchel and Robert Mitchel issued in the year 1842 pursuant to certain decrees of confirmation of the claim of Colin and Robert Mitchel to the lands described, is sufficient to establish title to the lands described in Colin Mitchel and other named patentees at the date of the patent.</p> <p>3. In an action of ejectment involving the title to any such lands copies of deeds of conveyance and other documents tending to show a transfer of the title to the lands from Colin Mitchel and others to the Apalachicola Land Company are admissibly as ancient documents.</p> <p>4. Certified copies of the record of decrees in chancery in a cause in which Trustees of the Apalachicola Land Company were defendants appointing a receiver of the company with power to sell the lands in like manner as the Trustees had been authorized to do under the company’s articles of association, such orders bearing dates from 1857 to 1880, and appearing of record in the Clerk’s offi;ce for Franklin county, are admissible in evidence as ancient documents in an action of ejectment involving the title to lands embraced in the description of lands contained in the patent from the United States Government to Colin Mitchel and others.</p> <p>5. Where the secretary and treasurer of a corporation testifies that it is his duty as such off
Judges: Browne, Ellis, Taylor, West, Whitfield
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- Locke v. StuartDistrict Court of Appeal of Florida· 1959-06-11· cited 27×
- Ates v. YELLOW PINE LAND COMPANYDistrict Court of Appeal of Florida· 1975-02-25· cited 10×
- Yates v. Bass Ranch, Inc.District Court of Appeal of Florida· 1980-02-13· cited 8×
- Bunch v. High Springs BankSupreme Court of Florida· 1921-04-04· cited 7×
- Berry v. Perdido Realty Co.Supreme Court of Florida· 1922-07-21· cited 6×
- Hellman v. StateDistrict Court of Appeal of Florida· 1986-08-13· cited 5×
- Drake v. City of Fort LauderdaleDistrict Court of Appeal of Florida· 1969-10-15· cited 4×
- St. Joe Paper Co. v. A.B. Taff & Sons, Inc.District Court of Appeal of Florida· 1984-02-09
Cites
28 cases in this archive are cited by this case; the 20 most cited are listed.
- Doyle v. WadeSupreme Court of Florida· 1887-01-15· cited 45×
- McClusky v. TrusselMississippi Supreme Court· 1907-03-15· cited 36×
- Williams v. CongerSupreme Court· 1888-04-02· cited 35×
- Richbourg v. RoseSupreme Court of Florida· 1907-01-15· cited 35×
- McKeown v. CollinsSupreme Court of Florida· 1896-06-15· cited 32×
- Clark-Ray-Johnson Co. v. WillifordSupreme Court of Florida· 1911-06-15· cited 23×
- Levy v. LaddSupreme Court of Florida· 1895-01-15· cited 21×
- Florida Finance Co. v. SheffieldSupreme Court of Florida· 1908-06-15· cited 21×
- Carn v. HaisleySupreme Court of Florida· 1886-01-15· cited 20×
- Skinner Manufacturing Co. v. WrightSupreme Court of Florida· 1908-06-15· cited 20×
- Burt v. Florida Southern Railway Co.Supreme Court of Florida· 1901-06-15· cited 17×
- Hightower v. HoganSupreme Court of Florida· 1915-03-30· cited 17×
- Sanford v. CloudSupreme Court of Florida· 1880-01-15· cited 15×
- Hogans v. CarruthSupreme Court of Florida· 1882-06-15· cited 12×
- Stewart v. MathewsSupreme Court of Florida· 1883-01-15· cited 12×
- Gilbert v. Southern Land & Timber Co.Supreme Court of Florida· 1907-01-15· cited 11×
- McLeod v. WilliamsSupreme Court of Florida· 1917-02-10· cited 11×
- Stephens v. FutchSupreme Court of Florida· 1917-03-24· cited 11×
- Barrs v. BraceSupreme Court of Florida· 1896-06-15· cited 10×
- Jones v. LoftonSupreme Court of Florida· 1877-06-15· cited 9×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.