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Clem v. Meserole

Citations

  • 44 Fla. 191

Syllabus

<p>BILL TO REMOVE CLOUD. ON TITLE—POSSESSION MUST . BE ALLEGED.</p> <p>Where the complainant’s title to real estate is a legal one, he must be in possession in order to maintain a suit in equity to remove a cloud from such title, unless the land is wild, unimproved and so unoccupied as not to destroy the constructive possession that follows the legal title; and the bill must allege such possession, or such unoccupied condition of the land, else it is subject to demurrer for want of equity.</p>

Judges: Peje

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