Wilkins v. Pensacola City Co.

Citations

• 36 Fla. 36

Syllabus

<p>BILL TO QUIET TITLE — EQUITY JURISDICTION — PRESCRIPTIVE TITLE-BURDEN OF PROOF — MIXED POSSESSION — LANDLORD AND TENANT.</p> <p>1. Where property consists of a large tract of land subdivided mto numerous blocks, lots and streets, within and adjoining a. growing city, and there are a large number of persons claiming possession of and title to portions thereof from the same source as against one or more persons claiming title from the same source, and there is a continuous dispute between such adverse claimants as to the right of possession to different portions thereof, and continuous interference on the part of one set of adverse claimants with the possession of the other opposing claimants and their lessees by procurement of their attornment to them, and by forcible or fraudulent obtainment of possession, and the legal title to the land has been established by one or more actions in ejectment at law after vexatious and continued litigation between such adverse claimants, a court of equity has jurisdiction by bill to quiet title, on behalf of the claimants in whose favor the title has been established at law, to settle the title between the parties and to dec!arethe right between them and to protect it by perpetual injunction. The ruling iu Caro vs. Pensacola City Company, 19 Fla. 766, approved.</p> <p>3. Where the owner of the true legal title to a tract of laud is in actual possession of a part of said tract, and other persons claimi- g adversely are iu possession of other portions thereof, the law is .well-settled that in such cases of mixed possession, the possession of all parts of the tract not shown to be actually ■and adversely occupied will be presumed to be with the owner ■ of che true title in possession of a part of the tract. The real • title draws to the actual occupant who holds it a constructive possession of all the land covered by it that is not actually and adversely occupied; and the adverse occupant, not having any title, is to be confined to