MCCLUSKY

v.

TRUSSEL

Citator

Cited By (31 total)

• Clark v. Cochran, 79 Fla. 788 (Fla. 1920)
  …held that every presumption is in favor of a possession in subordination to the title of the true owner and an adverse possession as against such owner must be established by clear and positive proof. In the case of Richbourg v. Rose, 53 Fla. 173, 44 South. Rep. 69, this court said that the “occupation of pine land by annually making turpentine on it is' such an actual possession as will oust constructive possession by one claiming merely under a superior paper title.” The case of Doyle v. Wade, 23 Fla. 90, 1…
• Bell v. Niles, 61 Fla. 114 (Fla. 1911)
• Dundee Naval Stores Co. v. McDowell, 65 Fla. 15 (Fla. 1913)
  …t.” The appellant could acquire no greater right or interest from the assignment of the lease to it than the original lessees had. I call attention to the fact that the written instruments referred to and construed in Richbourg v. Rose, 53 Fla. 173, 44 South. Rep. 69, 125 Amer. St. Rep. 1061, 12 Ann. Cas. 274; McNair & Wade Land Co. v. Adams, 54 Fla. [*43] 550, 45 South. Rep. 492; McNair & Wade Land Co. v. Parker, supra, not only gave the right to use and work the timber growing on the lands therein described fo…