Seymour v. Creswell

Citations

• 18 Fla. 29

Syllabus

<p>1. A bill of exceptions should contain only so much of the testimony as is necessary to decide the questions raised by the exceptions. Where, upon the face of the bill, it appears that a mortgage and a record which was in evidence was omitted, this court will give every benefit to the respondents which could reasonably attend such papers ; but if it appears from testimony in the record, (the authenticity of which cannot be doubted,) that there is error, this court will correct it.</p> <p>2. Where the initial point of a survey is the bank of a river at a named point, a plaintiff in ejectment, claiming that the land has extended into the water beyond the original initial point named in his deed, thus changing his boundary by leaving out lands lying beyond the lines extended ■ from the initial point, must prove the fact of encroachment of the land upon the water. . .</p> <p>3. To constitute an adverse possession as against the true owner, where a party under a mistake as to the boundaries of his deed claims land not embraced therein, there must be an actual possession and improvement of the land which lies outside of his boundaries. This under the statutes anterior to the act of 1872.</p> <p>4. As against the true owner, a plaintiff in ejectment, claiming title founded upon a written instrument and a judgment or decree of a court, to be deemed in adverse possession, must, under the statute of 1872, (chap. 1869, laws,) have usually cultivated-or improved it, or have protected it by a substantial enclosure, or, if not enclosed, have used it for the supply of fuel, or of fencing timber for the purposes of husbandry, or for the ordinary use of the occupant.</p> <p>5. The general rule in actions of ejectment that the claimant must recover upon the strength of his own title, does not operate to prohibit the acquisition of possessory rights which may be enforced in ejectment between parties in cases where the true owner does not intervene ; but a prior possession to be eff