Perry Naval Stores Co. v. Griffin

Citations

• 57 Fla. 133

Syllabus

<p>1. The action of unlawful detainer can not be used in the place of ejectment or trespass and the plaintiff to sustain it must show an actual possession of the premises sued for within a recent period before the wrong is doné of which he complains. A possession which existed some years antecedent to the wrong done is not sufficient.</p> <p>2. The fact that about four acres of a tract of three, hundred and sixty acres of land is enclosed in the field of an adjoining owner who is agent of the plaintiff is not evidence of the possession of the remainder which is not enclosed or cultivated.</p> <p>3. In unlawful detainer title deeds can only be used when a possession of a part of the land is shown for the purpose of showing the boundaries or extent of the possession claimed.</p>