Coogler v. Rogers

Citations

• 25 Fla. 853

Syllabus

<p>1. A deed conveying lands which ave at the time of its execution held adversely by a person not a party to the deed is void as. to such person, hut not as between the parties to the deed.</p> <p>.2. Where a conveyance is made of lands which at the time are in the adverse possession of oue not a party to the deed, ejectment will not lie in the name of the grantee to such deed, hut only in the name of the grantor.</p> <p>S. If the grantee in a deed conveying land held adversely by another institute an action of ejectment in the name of the grantor, against the person holding adversely, the action will not he dismissed at the instance of the defendant on the ground that it was brought without the knowledge or consent of the grantor, or that he neither has nor claims any interest in the land.</p> <p>4. The act of March 6th, 1845, providing that if a married woman die in this State without children surviving her, the husband shall he entitled to administration and to all her property, both l’eal and personal, applies as well where the wife is under twenty-one y ears of age, as where she has attained that age, and where a wife under twenty-one years of age dies, this act, and not the statute of November 17th, 1829, section 2, p. 469, McClellan’s Digest, controls the descent of her property.</p> <p>5. If lands are held adversely, and another person who is estopped to claim them as against the one in adverse possession convey them to a third person, the estoppel will extend to the Iasi named person and those claiming under him.</p> <p>O. Possession under an executory contract of purchase is adverse except as to the party contracting to convey, and under whom the possession is held.</p> <p>7. The possession of sirccessive occupants between whom there isprivity may be united to make up the period of adverse possession necessary to constitute a defence against an action of ejectment founded on the true title.</p> <p>8. The possession of one cotenant is prima fade that of th