Simmons v. Williford

Citations

• 60 Fla. 359

Syllabus

<p>1. An injunction should not be granted where the remedy at law is adequate.</p> <p>2. At common law an unlawful taking was essential to replevin; but under the statute an action of replevin lies to recover possession of personal chattels that are unlawfully detained and also damages for the detention.</p> <p>3. Crops of fruit growing on trees whether regarded as fructus naturales or fructus industriales are in general parts oí the realty and unless reserved, go with the realty in its transfer. But by the acts and intention of an owner of land containing bearing fruit trees, the growing fruit may be converted into personalty for purposes of sale.</p> <p>4. Where an entire crop of growing oranges is sold by the land owner and the purchaser has the right to take them from the trees, they may be regarded as personal chattels, and an unlawful detention of the possession thereof by the seller may be adequately remedied by the statutory action of replevin.</p> <p>5. A refusal of the seller after a sale of growing fruit to allow the fruit to be lawfully taken from the trees which are on his homestead, the insolvency of the seller and a threatened clandestine sale of the fruit to another by the seller, do not afford grounds for relief to the purchaser by injunction, the remedy at law being adequate.</p>