Scott v. Fairlie

Citations

• 81 Fla. 438

Syllabus

<p>1. Plaintiff in ejectment may recover against one in possession without title upon proof of prior possession in himself or proof of a grant to him from a grantor in possession.</p> <p>2. Where both parties in ejectment claim title from a common source to the property involved defendant is estopped- to show an outstanding title thereto in a third party.</p> <p>3. Under the provisions of Section 2455, General Statutes of 1906, Compiled Laws, 1914, deeds executed in the manner required by law operate under the statute of uses to vest title in the grantee, provided livery of seizin can be lawfully made of the land conveyed at the time of the execution of the deed.</p> <p>4. Whether an estate in remainder is vested or contingent, a conveyance by the life tenant passes only the life estate and does not operate to destroy the estate in remainder.</p> <p>5. The general rule is that the statute of limitations does not begin to run against a remainderman until his right of possession accrues.</p>