Fowler v. Ramsey

Citations

• 65 Fla. 359
• 61 So. 747

Syllabus

<p>1 Where the plaintiff and one E. T. owned adjoining lands, and the boundary line between them was a section line running through a cypress swamp and a dispute arose between them as to the ownership of cypress timber on the land of E. T. by reason of some sort of claim to the timber by the plaintiff acquired before E. T. bought his land, and to settle the dispute about the timber they agreed verbally upon a timber line which was altogether on the land of E. T. up to which line the plaintiff was permitted to cut the cypress, and it is expressly agreed that the timber line was not the boundary line, the plaintiff’s right was nothing more than a license to cut the cypress during the life-time of E. T. and in an action of trover to recover the value of logs removed from the land by a grantee of the grantee of E. T., it was incumbent on the plaintiff to make it clear that he cut the logs in controversy while E. T. lived.</p> <p>2. The principles of the case of Watrous v. Morrison, 33 Fla. 261, 14 South. Rep. 805, do not apply to the facts in this case.</p>