Dekle v. Calhoun

Citations

• 60 Fla. 53

Syllabus

<p>1. If a declaration fails to allege substantive facts that are essential to a right of action the trial court or the appellate court may take notice of such defect and make proper disposition of the cause.</p> <p>2. At the common law the action of trover and conversion can be maintained only by one who had at the conversion a general or special ownership or interest in the property with the present right of possession.</p> <p>3. A lien-holder with possession may maintain an action for the conversion of property.</p> <p>4. One man who has merely a lien upon chattels without any right to their possession cannot maintain trover for their conversion.</p> <p>5. A landlord cannot maintain trover for the conversion of agricultural products by reason only of his statutory lien on them for rent.</p> <p>6. The statutory form of action for conversion is limited to the conversion of “plaintiff’s goods.”</p> <p>7. Where no right of property other than a mere statutory lien without immediate right of possession is shown by the plaintiff, he cannot on that right alone maintain an action for conversion.</p>