Horton v. Smith-Richardson Investment Co.

Citations

• 81 Fla. 255
• 87 So. 905

Syllabus

<p>1. Every fact essential to an estoppel in pais must be clearly and satisfactorily proved.</p> <p>2. The possession necessary to confer title under an adverse holding must be actual, continuous and adverse to the legal title for the full statutory period, and such possession must be established by clear and positive proof.</p> <p>3. When the proof is not clear and positive of adverse possession and occupation of land for the full statutory period no title by adverse possession can be adjudged.</p> <p>4. Every presumption is in favor of a possession in subordination 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>5. Adverse possession has reference to physical facts that may be proven with certainty and definiteness.</p> <p>6. It is extremely doubtful whether testimony in haee verba that a party was in possession of lands is of any weight. Possession may often be a matter of opinion, in proving possession of land the facts should be shown which in law constitute possession.</p> <p>7. Where no other title is set up against the legal title to land than that of adverse occupancy, the burden of proof of all the essential facts requisite to give title by adverse posses sion is upon him who asserts such prescriptive title. Such proof, to be effectual, must show a continuous, unbroken, open, notorious, actual and adverse possession under a claim of right for the full statutory period; and the limits, location and extent of his occupancy must be definitely and clearly established by affirmative proof, and cannot be established or extended by presumption.</p> <p>8. The possession necessary to confer title under an adverse holding must be actual, continuous and adverse to the legal title for the statutory period to bar the suit, and the adverse possessor must not yield or surrender his possession under the pressure of any legal procedure instituted to oust him, which he can successfully r