Florida Southern Railway Co. v. Burt

Citations

• 36 Fla. 497

Syllabus

<p>1. A deed without any evidence of the possession by the grantor of the premises conveyed is not sufficient evidence of title to warrant a recovery in an action of ejectment. The giving of a deed to the premises is no evidence of title in the grantor.</p> <p>2. In an action of ejectment where the reliance of the plaintiff is-exclusively upon a paper title, it is not sufficient to show possession by a grantor at some remote period, but he must have-been in possession at or near the time of the execution of the deed by him.</p> <p>3. In such a case it is necessary for the plaintiff to trace his title back to the ultimate source of title, or to a grantor in actual possession.</p> <p>4. It is extremely doubtful whether testimony in haeo verba that a. party was in possession of lands is of any weight. Possession may often be a matter of opinion. In proving possession of land the facts should be shown which in law constitute possession.</p> <p>5. Recitals in deeds do not bind strangers holding adversely and¡ claiming title by adverse possession. The making of contracts-to sell land is not of itself evidence of possession.</p>