Graves v. J. M. Harris & Brother

Citations

• 63 Fla. 169

Syllabus

<p>1. A contract for the lease of timber for turpentine purposes and manufacturing naval stores for a term of........years, purporting to convey an uncertain interest m and out of land, or for a term of more than two years, to be valid, must be signed, sealed and delivered in the presence of two witnesses as provided by Section 2448 Gen. Stats, of 1906.</p> <p>2. A writing signed, sealed find delivered in the presence of one witness, which undertakes to sell and convey a turpentine still, three leases on timber made by a party having no apparent connection with the title to the land involved, is not proper evidence for the defendant in an action for damages to said land.</p> <p>3. When a plaintiff in an action for damages to land acquires title to the sam'e while the timber is being worked for turpentine and naval stores purposes under written license from the grantor of plaintiff, the latter can recover no damages for acts of the defendants in working the timber, done prior to notice to them, actual or constructive, of plaintiff’s acquisition of title.</p>