Gracy v. Fielding

Citations

• 71 Fla. 1
• 70 So. 625

Syllabus

<p>1. The possession of one tenant in common of lands is prima facie the possession of all the tenants holding in common, and the possession of one tenant does not become adverse to his co-tenants until the latter are actually ousted; or unless the possession of the one is exclusive of and openly hostile to his co-tenants and the character of such possession is brought home to his co-tenants by actual notice of such adverse holding; or that such possession is so open and notorious in its hostility to and exclusiveness of them as to put them on notice of its adverse character.</p> <p>2. The purchaser of land at a sheriff’s sale under an execution issued upon a judgment against one, acquires only just such interest in the land as the judgment debtor had. The rule of caveat emptor applies.</p> <p>3. The sale of a tract of land under an execution based upon a judgment against one tenant in common does not of itself operate as an ouster of the other co-tenants.</p> <p>4. Where the occupation of land by a person is as co-tenant with others his occupation of the land will be presumed to have continued as such.</p> <p>5. In a' suit for partition of lands brought by tenants out of possession against a co-tenant in actual possession, where the latter resists the partition upon the ground that he has acquired title to the land as against his co-tenants by adverse possession, it is incumbent upon him in- his answer to clearly aver an open and manifest renunciation of the tenure of his co-tenants brought home to them by actual notice of the character of his possession or by such acts of ownership on his part as to charge them with notice of the hostility and exclusiveness of his possession, and that such possession has continued since the disseizin of his co-tenants for the statutory period necessary to ripen into title.</p> <p>6. The disseizin of one tenant in common occurs when he has knowledge that his co-tenant has taken possession of the common property with the intention t