Horne v. Carter's Administrators

Citations

• 20 Fla. 45

Syllabus

<p>1. Under tlie plea of not guilty in an action of ejectment, the defendant may prove an adverse possession. Chapter 3244, Laws of 1881, does not change the rule in this respect. It provides only that if the defendant wishes to deny possession of the premises, or wishes to deny that he claims adversely to the plaintiff, or to his title, it must be done by special plea.</p> <p>2. A plea claiming to be a plea “on equitable grounds,” but which sets up no fact upon which the defendant, if judgment was obtained against him, would he entitled to relief against it, may be stricken out on motion, or by sustaining a demurrer.</p> <p>3. A plaintiff in ejectment is bound by the allegations in his declaration, and. can recover possession of no greater quantity of land than he claims. He may, under certain circumstances, recover a lesser' estate, interest or quantity, but never a greater.</p> <p>4. It is not error for the court to refuse to give an instruction to the jury, requested by defendant’s attorney, as to the adverse pos- . session claimed by the defendant, unless there is embodied in such request a submission to the jury as to the fact whether such ad verse possession had continued for the statutory period of seven years.</p> <p>A The appellant is responsible for the correctness of the record sent up to this court, When such record does not furnish the evidence or facts upon which alleged errors are based, this court will conclude that the rulings of the court below were in conformity to the law.</p> <p>6. There is no error in refusing to admit improper and hearsay evi dence ; but there is error in refusing to strike out such evidencewlien the same lias been improperly admitted.</p> <p>7. An adverse possession may, after the lapse of the statutory period. confer a possessory title which is good even as against the former owner. To constitute an adverse possession, it is not necessary that there shouicl be a rightful title in the party setting ui> the defence. The idea