Winn v. Coggins

Citations

• 53 Fla. 327

Syllabus

<p>1. In an action of ejectment where the defendants are in possession of the lands in controversy the plaintiffs cannot recover unless they show title in themselves or prior actual possession of the lands and ouster.</p> <p>2. Under Chapter 142 of the Laws of Florida, approved Jam uary 8, 1848, adverse possession for the term of seven years was necessary to acquire a title by possession.</p> <p>3. Chapter 1271 of the Laws of Florida suspended on December 13, 1861, the operation of the statute of limitations under which title to lands by adverse possession could be acquired, and such suspension continued until 1872.</p> <p>4. If a deed conveying lands purports to have been executed by an officer of court under a decree and it is sought to use the deed in evidence as title to the lands, the power or authority to make the deed must be shown unless waived.</p> <p>5. Where the burden of proof is on the plaintiffs, and, on the issues made, the evidence is not legally sufficient to sustain a judgment for the plaintiffs, and a judgment is rendered for the (jefen'dants, the trial court is not justified in granting a new trial on 'the ground that the verdict is contrary to the evidence.</p> <p>G. In an action of ejectment where the evidence shows that the ancestor through whom the plaintiffs claim title as heirs went into possession of the lands in controversy as a squatter and without claim of title in 1842 or 1843 and remained in possession until about 1863 or 1864, that such ancestor held possession of the lands under color of title from January, 1858, till he left the lands about 1863 or 1864, no title by adverse possession is Shown, especially when the statute of limitations under which title by adverse possession for a period of seven .years could have been acquired, was suspended in 1861 and remained suspended until long after the possession .of the lands had been relinquished, there being no showing that the lands were thereafter occupied by the ancestor or the plain