Geter v. Simmons

Citations

• 60 Fla. 67

Syllabus

<p>Where this court, in a chancery suit between two parties, brought by one of them against the other to establish a resulting trust in certain lands, has been called, on to decide the legal title to the lands which are the subject of the suit, and has done so in the chancery suit, holding the legal title to be in one of the parties, but also holding that no resulting trust was shown in favor of the other, in a subsequent action of ejectment brought by the party holding the legal title, against the other to recover possession of a portion of the lands, the proceedings in the chancery suit and the decree of this court, introduced in evidence by the plaintiff, are sufficient evidence to support the action of ejectment, in the absence of any testimony by the defendant tending to show a better title by adverse possession, or otherwise.</p>