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· 1/15/1907

Gilbert v. Southern Land & Timber Co.

Citations

  • 53 Fla. 319

Syllabus

<p>1. A void tax deed describing real estate is a sufficient written instrument upon which to base a title to said real estate by adverse possession.</p> <p>2. Every presumption is in favor of a possession in subordina- . tion to the title of the true owner, and an adverse possession as against such owner must be established by clear and positive proof.</p> <p>3. When the evidence offered to establish adverse possession is uncertain as to the . date when the acts constituting adverse possession were commenced, and does not clearly show that they were commenced seven years before an action of ejectment .by the true owner is brought to recover the land held adversely, a verdict and judgment in favor of the true owner will not be reversed in this court.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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