Demps v. Hogan

Citations

• 57 Fla. 60

Syllabus

<p>Ejectment — Plaintiff Must Show Present Rtoi-it of Possession —Verbal Contract for Sale of Land When May be Enforced.</p> <p>1. It is well settled that a plaintiff in ejectment to be entitled to recover must show in himself a present right of possession.</p> <p>2. Where the owner of land, by himself or through his agent, makes a verbal contract of sale thereof to another for an agreed price, and puts the vendee in possession, upon compliance with the terms of his contract of purchase a court of equity will in favor of such purchaser enforce specific performance of such contract notwithstanding the statute of frauds requiring all contracts for the sale of land or some memorandum thereof to be in writing and signed by the vendor; and in such a case until th.ere is a breach by the purchaser of his contract of purchase, that amounts to a forfeiture of his right to the possession, the vendor cannot oust him by ejectment.</p>