Ewing v. Creary

Citations

• 81 Fla. 420
• 88 So. 260

Syllabus

<p>1. In ejectment the plea of .not guilty admits possession by the defendant at the time of the institution of the action.</p> <p>2. In the statutory action of ejectment plaintiffs may recover the land in controversy, together with mesne profits, which latter may include the value of crude gum removed by defendant from pine trees upon the premises while in his possession.</p> <p>S. Where defendant in ejectment bases his right to possession of the premises upon a tax deed and it is proved that for the tax year for which the land was sold because of nonpayment of the tax assessed against it the board of county commissioners of the county had not ascertained and determined the amount of money to be raised by taxes for county purposes and levied the tax authorized by statute and entered at large the determination and levy so made upon the records of the board, and is further proved that such tax sale was made before the tax became delinquent, it is not error for the court, upon motion of plaintiffs, to strike the tax deed previously offered in evidence by defendant.</p> <p>4. Where plaintiffs in ejectment prove title to the land involved in the suit it is not error for the court to direct a verdict for plaintiffs with respect to the recovery of possession of the land and submit to the jury only the question of mesne profits claimed by plaintiffs.</p>