Nelson v. Brush

Citations

• 22 Fla. 374

Syllabus

<p>1. A deed, by one to land which is in the adverse possession of another is void as against such adverse claimant.</p> <p>2. When by written agreement between opposing counsel it is admitted that “the defendant was in the actual possession of the land sued for, claiming the same adversely to the plaintiff and all others,” this court cannot infer that the defendant was a trespasser.</p> <p>3. B. makes a deed to the land to D., while N, is in adverse possession thereof: Held, That the deed is only void as to N., and as against him the title still remains in B., who may sue for and recover the land; that such recovery will inure to the benefit of D., as the deed from B. to D. is valid as between them.</p>