Adverse Possession

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

• Hyer v. Griffin
  55 Fla. 560· Fla.· 1908-01-01 ·cited 31×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendants, holding that the evidence was insufficient to establish adverse possession of Florida land under color of title. The court found that the defendants' limited cutting of dead wood and f
• Sanford v. Cloud
  17 Fla. 557· Fla.· 1880-01-01 ·cited 31×
  Sanford, in possession of land, sought equity relief to cancel a contract of sale with Cloud, claiming the contract was fraudulent and clouded his title. The Florida Supreme Court reversed the lower court's decree for specific performance, holding that Sanford failed to establish
• Doe on the Demise of Maria Daggett v. Chas. Willey
  6 Fla. 482· Fla.· 1855-04-01 ·cited 31×
  This ejectment action involved competing land claims in Jacksonville, Florida, stemming from Spanish land grants. The court affirmed a jury verdict for the defendant, holding that parol evidence of boundary agreements and long acquiescence by the parties could establish the true
• C.Y. Tyson v. Edwards
  433 So. 2d 549· Fla. 5th DCA· 1983-05-12 ·cited 30×
  This case establishes the fundamental principle that when a discrepancy exists between a surveyor's physical monuments and boundary lines placed on the ground and the written plat purporting to depict that survey, the ground monuments control. The court rejected appellants' argum
• People OF THE State OF Cal. v. United States
  235 F.2d 647· 9th Cir.· 1956-03-30 ·cited 30×
  The court held that the trial court erred in its broad declarations and findings regarding water rights, particularly concerning the effect of federal sovereignty within an enclave and the acquisition of rights by prescription or use, necessitating a remand.
• Pen-Ken GAS & OIL Corp. v. Warfield Natural Gas Co.
  137 F.2d 871· 6th Cir.· 1943-06-01 ·cited 30×
  The court held that the record supported the conclusion that the party had no interest in the land at the time of the forfeiture action, and that the prior opinion's reasoning regarding the posting of notice and the best evidence rule was ultimately correct despite minor inaccura
• Barnott v. Proctor
  128 Fla. 63· Fla.· 1937-04-21 ·cited 30×
  Children of a deceased homestead owner challenged their mother's mortgage of homestead property to John P. Proctor, arguing she could not encumber property that passed to them as heirs. The Florida Supreme Court affirmed the lower court's decision, holding that a 20-year statute
• Chamberlain v. Chamberlain
  115 Fla. 21· Fla.· 1934-05-23 ·cited 30×
  George A. Chamberlain challenged his foster brother Max's title to a house and lot given to Max by their common foster father John N. Chamberlain through a parol (oral) gift. The Florida Supreme Court affirmed the lower court's judgment recognizing the gift, holding that equity w
• Winn v. Coggins
  53 Fla. 327· Fla.· 1907-01-01 ·cited 30×
  In this ejectment action, the Florida Supreme Court reversed the trial court's grant of a new trial and upheld a jury verdict for the defendants. The court held that plaintiffs failed to establish sufficient legal grounds for recovery, as they neither proved a valid title in them
• Lee v. Patten
  34 Fla. 149· Fla.· 1894-06-01 ·cited 30×
  Edmund Lee appeals a decree ordering him to convey land to George Patten, holding that Lee holds legal title in trust for Patten as successor to Robert Gamble's equitable interest. The court affirmed, finding that Lee fraudulently entered the land in his own name using Gamble's m
• Rutledge Gould v. Carr
  33 Fla. 523· Fla.· 1894-01-01 ·cited 30×
  This case concerns whether a tax sale was void and if adverse possession was interrupted. The Florida Supreme Court held that the tax sale was void and that the adverse possession was interrupted, thus reversing the lower court's judgment.
• Siesta Props., Inc. v. Hart
  122 So. 2d 218· Fla. 2d DCA· 1960-07-06 ·cited 29×
  Siesta Properties sought to quiet title to land on Casey Key that had migrated across Little Sarasota Pass and become attached to defendants' Siesta Key property following a 1926 hurricane. The court affirmed the trial court's dismissal, holding that while soil may have come from
• Rosella Wagner v. Moseley
  104 So. 2d 86· Fla. 2d DCA· 1958-06-27 ·cited 29×
  Heirs of E.D. Moseley's estate sought to establish title to homestead property in Palm Beach County, Florida, arguing that the property passed as a life estate to the widow with remainder to the children. The appellants (heirs of the widow's second husband) claimed title by adver
• Palmer v. Greene
  159 Fla. 174· Fla.· 1947-05-09 ·cited 29×
  The court held that the statutory quiet title action was not the proper remedy when the common law action of ejectment is adequate, and the plaintiffs had not established their claim.
• Bridgehead Land Co. v. Hale
  145 Fla. 389· Fla.· 1940-12-20 ·cited 29×
  This case concerns a dispute over land used for the Tamiami Trail and Edison Bridge. The court affirmed the lower court's decision to grant a directed verdict for the State Road Department, finding the plaintiff failed to establish title to the disputed land and that relevant sta
• Eliza Simmons v. Leonidas W. Spratt
  20 Fla. 495· Fla.· 1884-01-01 ·cited 29×
  This ejectment action involves a dispute over title to a lot in Jacksonville, Florida. The central issue is whether the plaintiff Spratt acquired valid legal title through a chain of conveyances from the executors of Isaiah D. Hart, ultimately defeating the defendants' claim base
• Petty v. Mays
  19 Fla. 652· Fla.· 1883-01-01 ·cited 29×
  Richard Jones brought an ejectment action to recover land he purchased at a foreclosure master's sale. The Florida Supreme Court affirmed the lower court's judgment for Jones, holding that a properly executed master's deed in pursuance of a foreclosure decree validly conveys titl
• Wm. L. Seymour and Wm. R. Simpson v. Creswell
  18 Fla. 29· Fla.· 1881-01-01 ·cited 29×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict awarding property to respondents (plaintiffs below), holding that respondents failed to establish legal title through the chain of conveyances and failed to prove the actual possession necessary to recove
• Doe v. Roe
  13 Fla. 602· Fla.· 1869-01-01 ·cited 29×
  This ejectment case addresses whether the plaintiff, claiming through deeds from the Trustees of the Internal Improvement Fund, can recover possession of land from the defendant who claims title through a Spanish grant to Jesse Fish with decades of adverse possession. The Florida
• Williams v. Thelma E. Johntry and her husband
  214 So. 2d 62· Fla. 1st DCA· 1968-09-10 ·cited 28×
  A boundary line dispute between neighboring property owners in Florida where the trial court granted an injunction preventing defendants from using land up to an old fence line. The appellate court reversed, holding that a long-established fence line (50+ years) can constitute a
• Lovey v. Escambia Cnty.
  141 So. 2d 761· Fla. 1st DCA· 1962-06-05 ·cited 28×
  Plaintiffs appealed the denial of an injunction against Escambia County and Southern Bell to prevent use of a public road crossing their property. The court affirmed, holding that Florida Statute § 337.31 creates a conclusive presumption of dedication to the public when a county
• Ellis v. Cates
  178 F.2d 791· 4th Cir.· 1949-12-20 ·cited 28×
  The court held that the prior adjudication of title in the United States was res judicata, and the plaintiff was estopped from relitigating the issue of title in a subsequent ejectment action.
• In re MT. Forest Fur Farms of Am. v. Fitzgerald. Cockrell
  122 F.2d 232· 6th Cir.· 1941-08-16 ·cited 28×
  The court held that the bankruptcy court lacked summary jurisdiction to adjudicate a controversy over mineral rights held adversely to the bankrupt estate, as possession of the res was not with the bankruptcy court.
• Farrington v. Fletcher Greer and William Greer
  94 Fla. 457· Fla.· 1927-08-01 ·cited 28×
  In this ejectment action, the Florida Supreme Court affirmed judgment for defendants who peacefully entered land previously occupied by plaintiff under a quit-claim deed. The court held that although a deed executed by someone out of possession (a disseisee) is void as to an adve
• McKinnon v. Johnson
  59 Fla. 332· Fla.· 1910-01-01 ·cited 28×
  This case concerns whether D. L. McKinnon acquired title to land through adverse possession under color of a sheriff's deed executed in 1898. The Florida Supreme Court affirmed a judgment for the heirs of P. P. Johnson in ejectment, holding that McKinnon failed to establish the c
• Elizabethport Cordage Co. v. Whitlock
  37 Fla. 190· Fla.· 1896-01-01 ·cited 28×
  Elizabethport Cordage Company sought to foreclose a mortgage executed by William S. Whitlock in 1877, claiming to have acquired rights through an assignment of an earlier 1875 mortgage to Waterbury and Marshall. The Florida Supreme Court held that the corporation cannot be subrog
• Rivas v. Summers
  33 Fla. 539· Fla.· 1894-01-01 ·cited 28×
  The Florida Supreme Court reversed a partition decree because the complainant failed to join all necessary parties—specifically, the heirs of a co-owner who had died testate, and the beneficial devisees under the deceased co-owner's will. The court held that in partition suits, a
• Levy v. Cox
  22 Fla. 546· Fla.· 1886-06-01 ·cited 28×
  The Florida Supreme Court reversed a lower court's judgment in an ejectment action. The court found that the trial court erred in its jury instructions regarding conveyances of land held in adverse possession and in refusing to grant a new trial, as the evidence overwhelmingly fa
• Townsend v. Ward
  429 So. 2d 404· Fla. 1st DCA· 1983-03-29 ·cited 27×
  Townsend appealed a directed verdict dismissing her quiet title action against Ward. The court reversed, finding the trial court abused its discretion by denying Townsend's motion to amend her complaint, improperly restricting her evidence at trial to only one theory of adverse p
• Blackburn v. Fla. W. Coast Land & Dev. Co.
  109 So. 2d 413· Fla. 2d DCA· 1959-02-20 ·cited 27×
  The Blackburns appealed a lower court decision rejecting their claims to land between an old fence and the true range line, which appellees held by paper title. The court affirmed, holding that title cannot be created by estoppel, that acquiescence requires a dispute recognized b
• Williams v. Azar
  47 So. 2d 624· Fla.· 1950-07-25 ·cited 27×
  The Supreme Court of Florida addressed the measure of damages for a breach of the covenant of seizen in a warranty deed. The court held that when a grantee incurs expenses to clear title and gain possession due to a title defect, these costs, including attorney fees, are recovera
• Otto H. Kahn v. Del. Sec. Corp.
  114 Fla. 32· Fla.· 1934-02-19 ·cited 27×
  In this boundary line dispute, the Florida Supreme Court reversed a judgment in favor of Delaware Securities Corporation in an ejectment action against Otto H. Kahn over a narrow strip of land. The Court held that the plaintiff failed to present sufficient evidence to locate the
• Goodno v. S. Fla. Farms Co.
  95 Fla. 90· Fla.· 1928-01-27 ·cited 27×
  In this ejectment action over swamp lands granted to Florida by the federal government, the court affirmed a new trial order because the jury verdict for the defendant was erroneous as a matter of law—it barred recovery of land north of the river despite the plaintiff establishin
• Bonifay v. Dickson
  459 So. 2d 1089· Fla. 1st DCA· 1984-11-01 ·cited 26×
  This case involves a dispute over waterfront property in East Pensacola Heights created by accretion. The appellate court reversed the trial court's judgment quieting title in Dickson and Williams, finding they failed to establish valid title and overlooking the public dedication
• United States v. Gammache
  713 F.2d 588· 10th Cir.· 1983-07-29 ·cited 26×
  The court held that the twelve-year limitation period under 28 U.S.C. § 2409a(f) bars the remedy but does not divest a party of title or vest it in the United States, and that the record presented genuine issues of material fact precluding summary judgment on the merits.
• Purvis v. Malloy
  129 Fla. 191· Fla.· 1937-09-03 ·cited 26×
  In an ejectment action, the Florida Supreme Court affirmed judgment for the plaintiff-owner against defendants claiming a parental gift of land. The court held that conflicting evidence regarding an alleged parol gift of land between parent and child must be clear and unambiguous
• Bruner v. Hart
  59 Fla. 171· Fla.· 1910-01-01 ·cited 26×
  This is a Florida Supreme Court decision on rehearing in a land ejectment case. The court affirmed the trial court's directed verdict for the defendants, holding that the plaintiffs, descendants of William J. Bruner, failed to establish title to disputed property in Jackson Count
• Fries v. Griffin
  35 Fla. 212· Fla.· 1895-01-01 ·cited 26×
  Griffin sought to re-establish a lost deed from Alsop to Roberts and to void Fries' quit-claim deed from Alsop as fraudulent. The Florida Supreme Court affirmed the lower court's decree, holding that Griffin proved the existence and contents of the lost deed with sufficient clari
• Bennett F. Neal v. Spooner
  20 Fla. 38· Fla.· 1883-06-01 ·cited 26×
  In this ejectment action, the Florida Supreme Court affirmed the trial court's evidentiary and procedural rulings but vacated and remanded the judgment because it failed to comply with statutory requirements specifying the quantity of the estate awarded in an ejectment decree.
• Henry L. Mattair and others v. Celia B. Payne and others
  15 Fla. 682· Fla.· 1876-06-01 ·cited 26×
  In this 1876 Florida case, heirs of Amaziah Coy sought to recover property, set aside conveyances alleged to be fraudulent, and obtain partition and distribution of proceeds. The court affirmed dismissal of the bill, finding the pleadings too confused and multifarious to permit r
• Deakyne v. Comm'rs OF Lewes
  416 F.2d 290· 3d Cir.· 1969-09-23 ·cited 25×
  The court held that the district court erred in refusing to allow the defendant to amend its pleadings to conform to the evidence and instruct the jury on a relevant statute, as the defendant should have been given the opportunity to plead the statute and have the jury instructed
• Johnson v. Green
  54 So. 2d 44· Fla.· 1951-07-31 ·cited 25×
  The Supreme Court of Florida reversed a lower court's decision to rescind a property sale. The court found that the sellers had acquired title to the encroaching strip of land through adverse possession, and the buyers had ratified the sale by continuing payments after discoverin
• Euse v. Gibbs
  49 So.2d 843· Fla.· 1951-01-09 ·cited 25×
  The Florida Supreme Court reversed a lower court's decision regarding a boundary dispute. The court held that an agreed-upon fence line, established by the parties and their successors through acquiescence and occupation, served as the legal boundary, even if it differed from the
• Bagdad Land & Lumber Co. v. Poston
  69 Fla. 340· Fla.· 1915-03-24 ·cited 25×
  In this ejectment action, the Florida Supreme Court upheld a jury verdict for Ella Poston, who claimed title to 320 acres in Santa Rosa County as the legitimate daughter and sole heir of William Young, the original patentee. The court rejected the defendant's claims of title thro
• Baggott v. Otis
  65 Fla. 447· Fla.· 1913-05-20 ·cited 25×
  This case involves a dispute over land ownership and timber rights. The appellate court affirmed the lower court's decision to grant a perpetual injunction against the defendants, finding that the complainants had sufficiently proven their ownership of the land.
• J. M. Coe de bonis non of the Estate of W. E. Coe v. Finlayson
  41 Fla. 169· Fla.· 1899-01-01 ·cited 25×
  A Florida Supreme Court decision holding that a seven-year adverse possession does not bar a foreclosure decree on mortgaged land, and that a foreclosure suit properly revived before the statute of limitations runs is not barred by the statute even if many years have passed since
• Wilkins v. The Pensacola City Co.
  36 Fla. 36· Fla.· 1895-06-01 ·cited 25×
  The Pensacola City Company and other property owners sued to quiet title to land in Pensacola originally granted to Gabriel de Rivas, and to enjoin the Caro family heirs and others from claiming ownership, trespassing, and interfering with possession. The Florida Supreme Court af
• Keech v. Isabel Costa y Maestre ed Enriquez and Carlos Enriquez y Lopez
  28 Fla. 597· Fla.· 1891-06-01 ·cited 25×
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the plaintiffs, who claimed title to land as heirs of the original Spanish grantee, Bartola M. Maestre. The court upheld the trial judge's instructions on adverse possession, statutory limitations, an
• Perry v. Lewis
  6 Fla. 555· Fla.· 1856-01-01 ·cited 25×
  Perry purchased a slave in Florida in 1849 without knowledge of the slave's prior loss by Lewis in Alabama in 1844. Lewis sued Perry in trover in 1851 seeking recovery. The Florida Supreme Court held that the statute of limitations period from Alabama cannot be "tacked" to Florid
• Chicago & N. W. Transp. Co. v. United States & Interstate Commerce Comm'n
  678 F.2d 665· 7th Cir.· 1982-04-26 ·cited 24×
  The court held that the fair market value of an abandoned railroad line, for purposes of forced sale under the Staggers Rail Act, is its value for non-rail use, not its value for continued rail service, and this value is constitutionally permissible even if it is only salvage val