Woodford v. Alexander

Citations

• 35 Fla. 333

Syllabus

<p>1. When a complainant has a legal title to real estate, he must have-possession before he can invoke the aid of a court of chancery to remove a cloud from his title, unless the land is wild and unoccupied, in which case the bill maybe maintained although, complainant has no other than constructive possession resulting from legal ownership, but it is essential to show and allege in such case that there is no such possession of the land toy another claimant as will authorize a possessory remedy at law for it.</p> <p>2. Possession of land is denoted by the exercise of acts of dominion over it, in making the ordinary use and taking the ordinary profits of which it is susceptible in it? present state, such acts to be so repeated as to show that they are done in the character of owner, and not of an occasional trespasser.</p> <p>3. Two conditions must concur to give a court of equity jurisdiction to enjoin a mere trespass on real property; first, complainant’s-title must be admitted or legally established; and, second, the trespass must be of such a nature as to cause irreparable damage not susceptible of complete pecuniary compensation. The inadequacy of the legal remedy is the foundation and indispensable prerequisite for the interference of chancery in such cases. This was the rule prior to the adoption of the aot of June 4th, 1889.</p> <p>4. In cases of destruction or injury of timber standing on land it is. not enough to obtain an injunction to simply allege that such destruction or injury will amount to irreparable damage to the land and loss to the owner. It must appear that the timber is of such peculiar value to the estate as that its destruction or injury will so affect the uses and purposes for which it was designed as to make its loss an irreparable injury to the owner. If adequate compensation can be made’ in money, the remedy is at law.</p> <p>5. Where a decree pro confesso has been prematurely and improperly entered, and application is promptly • made by