Adverse Possession

893 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gouner v. Polmer
  156 F.2d 207· 5th Cir.· 1946-06-27
  The court held that the complainants' suit was barred by laches due to their long delay in asserting their claim after knowledge of the alleged fraud and adverse possession.
• Federal Gas v. Maynard
  152 F.2d 372· 6th Cir.· 1945-11-19
  The court held that the sons, possessing the land under duly recorded deeds, were not bound by their father's subsequent mineral deed to a third party, especially given the lack of evidence for a prior title bond and the applicability of the adverse possession statute.
• Lichtenberg v. Perrine Grant Land Co.
  154 Fla. 812· Fla.· 1944-08-01
  The Florida Supreme Court granted a petition for certiorari to review an order denying a motion to strike an improper paragraph from a defendant's answer in a quiet title action. The court found that the challenged paragraph constituted no defense to the complaint and quashed the
• Bonds v. Smith
  143 F.2d 369· D.C. Cir.· 1944-06-12
  An unprobated will can be admitted into evidence to show privity of estate for adverse possession purposes, even if not sufficient to prove title.
• Carlton v. Elarbee
  154 Fla. 301· Fla.· 1944-03-21
  Carlton seeks to enforce a judgment lien against Dowling on property that later came into Elarbee's possession through a chain of conveyances. The court holds that Elarbee and her predecessors acquired title to the property by adverse possession before Carlton's judgment lien was
• In re Rock Spring Water Co.
  140 F.2d 566· 3d Cir.· 1944-01-25
  A chattel mortgage is void if the affidavit of consideration does not truthfully and completely state the consideration, failing to comply with New Jersey statute.
• Nicolson v. Brown
  135 F.2d 245· D.C. Cir.· 1943-03-29
  The court held that the federal act extending a Maryland statute protecting canal company land from adverse possession applied to the land in suit, reversing the lower court's dismissal.
• Simon v. Rudco OIL & GAS Co.
  132 F.2d 211· 5th Cir.· 1942-12-15
  The court held that the presumption that a grantor intended to convey an adjacent strip of land does not apply when the strip does not abut a road or right-of-way and could have retained economic value to the grantor.
• Hillsborough Inv. Co. v. Lawyers Tr. Co.
  148 Fla. 224· Fla.· 1941-09-26
  The court reviews an order denying a motion to dismiss a bill of complaint seeking to remove various claims as clouds upon title, specifically addressing the conflict between a judgment lien and claims of adverse possession.
• Jackson v. Young
  120 F.2d 732· D.C. Cir.· 1941-06-02
  The court held that the appellant's claim to an interest in the property was barred by laches and appellee's continuous adverse possession.
• Kuhn v. Chesapeake & O. Ry. Co.
  118 F.2d 400· 4th Cir.· 1941-03-10
  The court held that the trial court erred in certain jury instructions regarding the river boundary, the exclusion of evidence of prior adverse possession, and in instructing the jury that a deed was fraudulent.
• Lovell v. Dulac Cypress Co.
  117 F.2d 1· 5th Cir.· 1941-01-15
• Bedenbaugh v. Butler
  141 Fla. 329· Fla.· 1940-01-12
  The Florida Supreme Court affirmed a chancellor's decree dismissing a creditor's bill seeking to set aside a deed of real property from L.C. Butler to his wife Eva D. Butler. The court upheld the finding that the property had been gifted to Eva D. Butler by L.C. Butler's father y
• Cleo Bryan v. Knox
  138 Fla. 452· Fla.· 1939-06-02
  This case reviews a final decree in a mortgage foreclosure suit where the appellant, Cleo Bryan, claimed paramount title through a tax deed. The court affirmed the lower court's decision, holding that the tax deed was null and void because it was obtained by the appellant for the
• Anderson v. Elwood McLaughlin
  138 Fla. 187· Fla.· 1939-05-19
  The Florida Supreme Court affirmed a lower court's decree quieting title, holding that the complainant proved sufficient adverse possession under color of title for the statutory period.
• Mitchell v. Tucker
  137 Fla. 720· Fla.· 1939-05-02
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict in favor of the plaintiff-appellee (G. H. Tucker) against the defendant-appellant (J. K. Mitchell), rejecting Mitchell's claim of adverse possession based on substantial evidence supporting the jury's ver
• City of Miami v. The Sirocco Co.
  137 Fla. 434· Fla.· 1939-04-28
  The court held that the City of Miami was not liable for appropriating land for a street because the land was still part of the public domain at the time of appropriation. The Sirocco Company, which later acquired title, could not claim compensation as its predecessors had no leg
• Durschlag v. McLean
  119 Fla. 465· Fla.· 1935-02-08
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict that the defendant acquired title to a small parcel of land through seven years of adverse possession consisting of actual occupancy with cultivation and improvement, rejecting the plaintiff's claims base
• Edwards v. Ada Cahoon
  110 Fla. 449· Fla.· 1933-06-09
  The Florida Supreme Court affirmed a lower court's decision quieting title, upholding the sufficiency of color of title instruments and the finding of adverse possession.
• Tangeman v. Sjoblom
  106 Fla. 379· Fla.· 1932-08-04
  This case involves a widow challenging the validity of tax deeds issued to a defendant who later took possession of her land. The court affirmed the lower court's decision to sustain a demurrer, finding the suit was filed too late under relevant statutes of limitations and potent
• M. & M. Auto Parts Co. v. Riddle
  102 Fla. 598· Fla.· 1931-07-28
  The Florida Supreme Court affirmed a directed verdict for the defendant in an ejectment suit. The court held that the plaintiff could not maintain the suit because the property was in the adverse possession of a third party at the time of the conveyance to the plaintiff's predece
• Walker v. Standard Lumber Co.
  98 Fla. 913· Fla.· 1929-12-07
  The Florida Supreme Court affirmed a lower court's injunction against trespass, holding that the defendants failed to establish a superior claim to the property despite challenging the validity of the complainant's tax deed.
• Stokely v. Segui
  98 Fla. 774· Fla.· 1929-10-23
  The Florida Supreme Court affirmed a lower court's decree, finding no error in the proceedings and sufficient evidence to support the findings of fact regarding land title and ownership.
• Kemp v. Hanna
  92 Fla. 913· Fla.· 1926-11-18
  This case involves a dispute over land ownership where appellants sought partition, claiming a one-fourth interest as co-tenants. The court affirmed the lower court's decision, finding the appellee's claim was based on a hostile and adverse title, making partition an improper rem
• Worrell v. Ford
  91 Fla. 439· Fla.· 1926-03-10
  In this ejectment action, the Florida Supreme Court affirmed a judgment for the defendant Ford regarding five feet of disputed land, but granted a new trial because the evidence was insufficient to establish whether the Worrells had adversely possessed the disputed strip when For
• Virginia-Carolina Chem. Co. v. Ward
  81 Fla. 358· Fla.· 1921-03-19
  This case concerns whether a widow's election to take a child's part in her deceased husband's estate could be sold by the estate's executors. The court affirmed the lower court's decision to sustain exceptions to the defendants' answers, finding that the answers did not fully de
• Thomas v. Hayter
  80 Fla. 649· Fla.· 1920-11-03
  In an ejectment action, the Florida Supreme Court affirmed a judgment for the plaintiff based on a quit-claim deed from a foreclosure sale purchaser. The defendants, who had occupied the property after a mortgage foreclosure, were barred by the foreclosure decree from claiming an
• The Colo. Fla. Land Co. v. Roebuck
  78 Fla. 569· Fla.· 1919-12-09
  The Colorado-Florida Land Company sued to eject W. A. Roebuck from 100 acres of land. The defendant claimed an oral contract with the Company's officer to purchase the property but failed to produce sufficient evidence of a binding agreement, tender payment, or valid estoppel. Th
• Skipper v. Reese
  76 Fla. 346· Fla.· 1918-08-14
  In this ejectment action, the Florida Supreme Court upheld a plaintiff's acquisition of title to land formerly included in a Spanish Grant through adverse possession under color of title from an invalid tax deed. The court held that the statutory requirements for adverse possessi
• Sandlin v. The Hunter Co.
  70 Fla. 514· Fla.· 1915-12-15
  John Sandlin purchased land from John High and sought to enjoin The Hunter Company from cutting timber on the property. The trial court found that The Hunter Company had superior rights to cut the timber under earlier conveyances from High to timber lessees, and that Sandlin, hav
• Hannay v. Sanchez
  68 Fla. 167· Fla.· 1914-11-06
  This case concerns a suit to quiet title to real estate where the complainant's claim to ownership is based on a tax deed from the State of Florida. The court considered whether the tax deed, despite lacking attesting witnesses, was sufficient to convey title and support the quie
• Sherlock v. Anabel Burritt
  67 Fla. 175· Fla.· 1914-03-10
  In an ejectment action for property in Brooksville, Florida, the court affirmed judgment for the defendants, holding that the plaintiffs lacked standing to sue because they failed to establish a valid power of attorney to their attorney-in-fact, and alternatively, the defendants'
• Billings v. Elbert J. Hendry
  66 Fla. 168· Fla.· 1913-11-18
  Mary Billings brought an ejectment action to recover possession of land in Hillsborough County, Florida, against Elbert Hendry. The trial court ruled in favor of Hendry based on his tax deed and adverse possession, and the Florida Supreme Court affirmed, finding the tax deed vali
• Drumright v. Aitchison
  65 Fla. 510· Fla.· 1913-06-09
  Drumright sought to redeem mortgaged land through a bill in equity, claiming that the defendant's predecessors in title failed to make all interested parties defendants in the foreclosure proceedings. The Florida Supreme Court affirmed dismissal of the bill, holding that Drumrigh
• Wyatt J. Geter v. Simmons
  62 Fla. 194· Fla.· 1911-06-01
  In this ejectment action over property in Jacksonville, Florida, the court affirmed a judgment for the defendant after a retrial, finding sufficient evidence that Catherine Simmons had occupied and claimed ownership of the disputed land for over forty years. The case involved an
• Wyatt J. Geter v. Simmons
  60 Fla. 67· Fla.· 1910-06-01
  In this ejectment action, Geter sought to recover possession of property in Jacksonville. The circuit court sustained a demurrer to Geter's evidence and ruled for Simmons, but the Florida Supreme Court reversed, holding that Geter had established his legal title through evidence
• Jones v. Tyler
  60 Fla. 110· Fla.· 1910-06-01
  In this ejectment action, the Florida Supreme Court reversed the trial referee's judgment awarding land to Tyler, finding that Tyler failed to establish a valid chain of title to the disputed property. The Court held that defects in the descriptions and lack of proof of ownership
• Wilson v. Knight
  48 Fla. 196· Fla.· 1904-06-01
  In this ejectment action, the Florida Supreme Court reversed judgment favoring heirs of Joseph Jackson Knight, holding that plaintiffs Wilson and Young acquired valid prescriptive title to disputed land through seven years of adverse possession before the United States government
• Weston v. Moody
  37 Fla. 473· Fla.· 1896-01-01
  Appellants sought to quiet title to a lot in Ocala, Florida, claiming ownership through a deed from the county Board of Commissioners. The Florida Supreme Court affirmed dismissal of their bill, holding that the county resolution authorizing the deed only permitted conveyances to
• Matheson v. Thompson
  20 Fla. 790· Fla.· 1884-06-01
  The court affirmed a lower court's decree, finding that a foreclosure proceeding was invalid due to numerous procedural defects and lack of evidence. The appeal raised issues regarding necessary parties, the statute of limitations, and the validity of the foreclosure itself.
• Coogler v. Anderson Mayo
  21 Fla. 126· Fla.· 1884-06-01
  A judgment creditor filed an equitable creditor's bill seeking to subject land to a judgment lien against the judgment debtor's estate. The Florida Supreme Court reversed, holding that the case presents only a legal question of title to land and falls outside the jurisdiction of