Adverse Possession

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

• Reid v. Bradshaw
  302 So. 2d 180· Fla. 1st DCA· 1974-10-24 ·cited 8×
  In a quiet title action, the court examined whether Florida's Marketable Title Act (Chapter 712) extinguishes homestead property rights that have not been recorded within the statutory period. The court held that homestead rights cannot be nullified by the Act absent an overt act
• Nelson v. Growers Ford Tractor Co.
  282 So. 2d 664· Fla. 4th DCA· 1973-09-14 ·cited 8×
  The court held that a counterclaim for reasonable rental value against a tenant holding over after a lease expires states a cause of action, but a crossclaim for breach of warranty of title against the seller of the property does not, absent facts showing the tenant was claiming
• In re Decker
  465 F.2d 294· 3d Cir.· 1972-08-08 ·cited 8×
  The Bankruptcy Court erred in exercising summary jurisdiction to determine ownership of property held adversely to the bankrupt estate when a state court foreclosure proceeding had already vested constructive possession of the property. However, the court could issue a temporary
• Andros v. Rupp
  433 F.2d 70· 9th Cir.· 1970-10-30 ·cited 8×
  The court held that the action was not an unconsented suit against the sovereign because the defendant, a forest supervisor, lacked statutory authority to control land for which the plaintiff held uncontested title via patent and mesne conveyances.
• Dudley v. Meyers
  422 F.2d 1389· 3d Cir.· 1970-03-13 ·cited 8×
  The court held that the plaintiffs failed to establish title to the disputed land because the prior quiet title action did not provide adequate notice to the defendants and the plaintiffs could not rely on the weakness of the defendants' title.
• Reil v. Myers
  222 So. 2d 42· Fla. 4th DCA· 1969-04-30 ·cited 8×
  In a boundary line dispute between neighboring property owners, the Florida appellate court affirmed the trial court's judgment that the boundary had been established by agreement rather than by survey's true line. The court held that once neighboring property owners agree upon a
• PAN Am. Petroleum Corp. v. Manuelita Candelaria
  403 F.2d 351· 10th Cir.· 1968-11-12 ·cited 8×
  The San Juan County District Court lacked jurisdiction over land in Rio Arriba County in the 1947 quiet title suit, and appellants failed to establish adverse possession or justify deductions for drilling costs.
• In re Process-Manz Press, Inc. v. Limperis
  369 F.2d 513· 7th Cir.· 1966-07-29 ·cited 8×
  A bankruptcy referee is ousted of summary jurisdiction when an adverse claimant's testimony and exhibits, taken as true, prima facie show a substantial claim, requiring a plenary trial.
• Greif Bros. Cooperage Corp. v. United States Gypsum Co.
  341 F.2d 167· 8th Cir.· 1965-02-09 ·cited 8×
  The court held that the tax description used by Gypsum for newly formed accretions was legally sufficient under Arkansas law, vesting title in Gypsum, while Greif Bros.' tax description was void. For the second tract, the court found Greif Bros.' deed valid and Gypsum charged wit
• City OF Pensacola v. Wilmer Walker et ux.
  167 So. 2d 634· Fla. 1st DCA· 1964-09-29 ·cited 8×
  The City of Pensacola appealed a decree quieting title to a strip of land in favor of property owners Wilmer and Mrs. Walker. The city argued the land had been dedicated to public use through a recorded plat, but the court affirmed the lower court's finding that the Walkers acqui
• United States v. Langendorf
  322 F.2d 25· 9th Cir.· 1963-08-22 ·cited 8×
  The court held that the district court erred in dismissing the remaining claims for damages after granting summary judgment on ownership.
• Belcher v. Elliott
  312 F.2d 245· 6th Cir.· 1962-12-06 ·cited 8×
  The court held that the phrase "Gas & Oil Rights sold" in the deed, when considered with surrounding circumstances and subsequent conduct, constituted an exception of those rights from the conveyance, and that the defendants were entitled to a lien for improvements made in good f
• Oliver H. Culbertson et ux. v. Herbert T. Montanbault et ux.
  133 So. 2d 772· Fla. 2d DCA· 1961-11-01 ·cited 8×
  In this Florida title dispute, the Montanbalts sought to quiet title to a 20-acre parcel based on a chain of conveyances from B.F. Leonard through Frank Lette. The Culbertsons held conflicting recorded deeds from other parties dating back to 1921. The appellate court reversed the
• Ellsworth Weber v. City OF Hollywood
  120 So. 2d 826· Fla. 2d DCA· 1960-04-06 ·cited 8×
  Weber challenged summary judgment dismissing his counterclaim for trespass against the City of Hollywood over a platted street right-of-way. The court held that a property owner cannot unilaterally revoke an offer of dedication for platted streets without consent of other subdivi
• Engel v. United States & the People of the State of Mich.
  258 F.2d 50· 6th Cir.· 1958-08-14 ·cited 8×
  The court held that state statutes of limitation and adverse possession do not bar the United States, and that equitable estoppel and acquiescence defenses were not applicable based on the evidence presented.
• Chicago & N. W. Ry. Co. v. Cont'l OIL Co.
  253 F.2d 468· 10th Cir.· 1958-02-12 ·cited 8×
  A railroad's right of way under the Act of March 3, 1875, is an easement, not a limited fee, and does not grant rights to underlying oil and minerals.
• S. Bell Tel. & Tel. Co. & Am. Tel. & Tel. Co. v. S. Precision Pattern Works, Inc.
  251 F.2d 537· 5th Cir.· 1958-01-03 ·cited 8×
  The court denied the petition for rehearing, finding no conflict between the prior case cited and its original decision.
• Camp Phosphate Co. v. Stokes
  41 So.2d 340· Fla.· 1949-06-24 ·cited 8×
  The appellate court affirmed a lower court's judgment in an ejectment action. The court held that the plaintiff could not raise an issue on appeal regarding the trial judge's failure to re-instruct the jury, as the plaintiff did not object at the time of the incident or request a
• Golden v. Grady
  160 Fla. 348· Fla.· 1948-02-06 ·cited 8×
  A Florida homestead owner sued to remove defendants from property, claiming title via tax deed. The Supreme Court reversed, holding that defendants sufficiently pleaded homestead status and adverse possession, and were entitled to prove these defenses despite procedural defects i
• IN THE Matter OF: Levy of Alias Writs of Execution Against Prop. of Fla. Cities Fin. Co. v. Allen-Hanford, Inc.
  158 Fla. 34· Fla.· 1946-10-11 ·cited 8×
  The court held that judgment creditors who unduly delay enforcement of their judgments, allowing significant intervening equities to arise, may be barred from levying on the property.
• State of Okla. Ex rel. Comm'rs of Land Off. v. United States
  155 F.2d 496· 10th Cir.· 1946-05-10 ·cited 8×
  The court held that the mortgage executed by Sissie Pierce was invalid because the land was subject to restrictions against alienation by full-blood Indian heirs, which were not properly removed.
• Rheinberger v. Sec. Life Ins. Co. of Am.
  146 F.2d 680· 7th Cir.· 1944-12-28 ·cited 8×
  A foreclosure decree does not bar a defendant's prior, adverse claims to the property that were not properly litigated in the foreclosure suit.
• Groome v. Steward
  142 F.2d 756· D.C. Cir.· 1944-04-24 ·cited 8×
  The court held that the distinction between law and equity has no procedural significance when a jury trial has been waived.
• Umhau v. Bazzuro
  133 F.2d 356· D.C. Cir.· 1942-11-23 ·cited 8×
  The court held that the tenants' use of the appellees' land was not sufficiently adverse or continuous to establish a prescriptive easement, as it was often permissive and lacked privity.
• Holliday v. Wade
  117 F.2d 154· 5th Cir.· 1941-01-31 ·cited 8×
  The court held that a mortgage foreclosure suit is not barred by adverse possession statutes applicable to suits for title or possession, but the purchasers of tax-deeded property are entitled to reimbursement for taxes paid and improvements made.
• Smith v. Caravasios
  96 Fla. 219· Fla.· 1928-07-13 ·cited 8×
  This case involves a dispute over land boundaries based on deeds and surveys. The court affirmed the lower court's judgment, finding that the evidence supported the referee's decision regarding the land conveyed.
• Berry v. Perdido Realty Co.
  84 Fla. 134· Fla.· 1922-07-21 ·cited 8×
  The Florida Supreme Court affirmed a decree quieting title to Innerarity Point property in favor of Perdido Realty Company. The court rejected the defendants' claims that their ancestor, Albert Berry, had acquired title by adverse possession, finding that the proof of continuous
• Gracy v. Fielding
  83 Fla. 388· Fla.· 1922-03-18 ·cited 8×
  The Florida Supreme Court reversed orders denying a motion to strike an unauthorized interlineation in a bill in chancery and granting a temporary injunction. The court held that a prayer for injunction added to the bill five years after filing, without proper court authorization
• Hattie N. Stokely v. Connor
  80 Fla. 89· Fla.· 1920-06-26 ·cited 8×
  In this second appeal of a partition suit over the Miranda Grant in Florida, the Supreme Court addressed whether a new defendant (Shepard) who was brought into the case after a prior decree against his grantor could raise the same defenses already decided against the grantor. The
• Lizzie R. Johnson v. Smiley A. Baker and Joseph H. Burke
  73 Fla. 6· Fla.· 1917-01-15 ·cited 8×
  The Florida Supreme Court reversed a trial court's decision sustaining a demurrer to a bill in equity seeking to quiet title to land. The court held that the bill's allegations were sufficient to survive demurrer, particularly regarding the plaintiffs' ownership and the defects i
• McGill v. Dartist
  69 Fla. 587· Fla.· 1915-05-11 ·cited 8×
  This case involves a dispute over land ownership where the court directed a verdict for the plaintiffs, who held a patent. The defendants appealed, arguing the patent was invalid due to prior payments and their possession and improvements. The appellate court affirmed the lower c
• Christopher v. Mungen
  66 Fla. 467· Fla.· 1913-12-10 ·cited 8×
  The Florida Supreme Court affirmed a decree determining inheritance rights to real property in Jacksonville based on the legitimacy of slave marriages under Chapter 4749 of the 1899 Florida Legislative Acts, which legalized marriages and offspring of persons of African descent. T
• Gordon v. Lowe
  64 Fla. 81· Fla.· 1912-06-01 ·cited 8×
  The Florida Supreme Court affirmed a judgment in an ejectment action, holding that the plaintiffs, as heirs of the original patentee, had established legal title to the land. The court found insufficient evidence of a conveyance by the patentee or adverse possession by the defend
• Johnson v. Ada DuPont
  63 Fla. 200· Fla.· 1912-01-01 ·cited 8×
  This case concerns the validity of a tax deed used as the basis for title in an ejectment action. The court affirmed the lower court's decision, holding that the plaintiff's tax deed was valid and the defendant's tax deed was invalid due to procedural defects.
• Antolin Alles v. Diaz
  62 Fla. 421· Fla.· 1911-06-01 ·cited 8×
  The Florida Supreme Court affirmed a lower court's dismissal of a partnership dissolution claim, finding sufficient evidence supported the defendant's exclusive right to the property based on prior conveyances.
• Yager v. McNeill
  60 Fla. 400· Fla.· 1910-06-01 ·cited 8×
  This case concerns whether equitable rights in swamp and overflowed lands granted to a railroad company can be enforced against a defendant who obtained legal title through certificates issued to compensate a state representative, when the railroad had not yet completed the requi
• Cross v. The Robinson Point Lumber Co.
  55 Fla. 374· Fla.· 1908-01-01 ·cited 8×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for the Robinson Point Lumber Company against C. T. Cross, holding that Cross failed to establish title or adverse possession to disputed land and was merely a trespasser. The court addressed several evidenti
• McRae v. Preston
  54 Fla. 190· Fla.· 1907-06-01 ·cited 8×
  In an ejectment action for a town lot in Lakeland, Florida, the plaintiff recovered a judgment with mesne profits. The defendant appealed via writ of error, challenging the verdict. The Florida Supreme Court affirmed the judgment, finding that the plaintiff's undisputed possessio
• Lizardi B. Goodwin v. Markwell
  37 Fla. 464· Fla.· 1896-01-01 ·cited 8×
  This case involves an ejectment action where the trial court improperly excluded evidence regarding a contract for sale of land. The appellate court found that the excluded evidence was crucial to establishing the plaintiffs' right to possession, as it would have shown the defend
• Frazier v. Goszczynski
  161 So. 3d 542· Fla. 5th DCA· 2014-10-10 ·cited 7×
  Luke and Connie Frazier attempted to acquire property owned by Richard Goszczynski by recording a wild deed (a quitclaim deed from Luke Frazier to himself and his mother) and claiming adverse possession under color of title. The trial court quieted title in Goszczynski, and the F
• Gaspare v. Brisciano
  615 So. 2d 213· Fla. 1st DCA· 1993-03-04 ·cited 7×
  A divorced couple owned a home as tenants-in-common. The husband remained in possession, paid the mortgage and taxes, while the wife later sought partition. The trial court awarded the husband a credit for payments made but offset it with the fair rental value owed to the wife, w
• State v. Estech, Inc.
  515 So. 2d 758· Fla. 2d DCA· 1987-10-14 ·cited 7×
  The court held that the petitioners presented sufficient evidence of possession to be entitled to a jury trial.
• Fulcher v. United States
  696 F.2d 1073· 4th Cir.· 1982-12-22 ·cited 7×
  The court held that Fulcher's claim under the Quiet Title Act was time-barred because he should have known of the government's claim more than 12 years before filing suit, based on constructive notice principles.
• Birtley v. Fernandez Co.
  392 So. 2d 291· Fla. 5th DCA· 1980-12-10 ·cited 7×
  The Birtleys appealed a judgment denying their claim to a triangular parcel of property based on adverse possession. The appellate court reversed, finding clear and convincing evidence that the previous owners (the Dooleys) adversely possessed the southern portion of the disputed
• Yawn v. Eugenia C. Blackwell
  343 So. 2d 906· Fla. 3d DCA· 1977-03-08 ·cited 7×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact exist regarding whether a resulting trust, rather than a constructive trust, was established.
• Dorotea Zaldivar v. DE Tenorio
  510 F.2d 92· 5th Cir.· 1975-03-19 ·cited 7×
  The court held that Hamilton McGowan, as a fiduciary to his brother and then to his brother's widow, breached his duty by failing to inform her of her interest in the property and by attempting to divest her of it through a state court proceeding without notice.
• Deverick v. Bailey
  174 So. 2d 440· Fla. 2d DCA· 1965-04-09 ·cited 7×
  Defendants Deverick and Ridge appealed a summary judgment quieting title to real property in the names of Baileys. The court reversed, finding that defendants' allegations of adverse possession under color of title and the existence of a genuine issue of material fact precluded s
• Sunnybrook Groves, Inc. v. Alice L. Hicks and her husband
  113 So. 2d 239· Fla. 2d DCA· 1959-06-19 ·cited 7×
  Sunnybrook Groves appeals a decree granting appellees a prescriptive easement over a dirt road that provides the only access to their property. The court affirms the finding of a prescriptive easement but reverses and remands regarding the specificity of the easement's dimensions
• Anderson Rountree, Jr. v. Rountree
  101 So. 2d 43· Fla.· 1958-02-07 ·cited 7×
  The court held that plaintiffs failed to prove title or right to partition, thus their claims for partition and accounting were properly denied.
• Maxwell A. Kilvert v. Clark
  152 Fla. 35· Fla.· 1942-12-04 ·cited 7×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendants, holding that a tenant cannot acquire title to rented property through adverse possession without first giving the landlord clear, positive, and distinct notice of the disavowal of the