Hyer v. Griffin

Citations

• 55 Fla. 560

Syllabus

<p>i. An assignment of error to the effect that the trial court erred in denying the motion for a new trial is not too general to merit consideration by an appellate court, but the plaintiff in error will be confined to the grounds specifically stated in such motion, and an appellate court will refuse to consider any grounds thereof except such as are argued before it, treating the other grounds as abandoned.</p> <p>2. In an action of ejectment, where the defendant relies upon adverse possession under the statute., in’the nature of things, every case must stand largely upon its own merits, depending entirely upon the testimony.</p> <p>3. In an action of ejectment, where the defendant claims under color of title and the land in dispute has not been enclosed, the taking of dead timber therefrom at the rate of about two one-horse wagons loads a week, even though during the entire statutory period of seven years, for use as fuel at another place or for sale, no trees being felled for that purpose, and the occasional cutting of fence posts from the land, together do not constitute such adverse possession as to bar an action by the owner.</p> <p>4. 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>