ALICE GORDON, ET AL., PLAINTIFFS IN ERROR,
v.
MARTHA LOWE, ET AL., DEFENDANTS IN ERROR
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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 defendants.
Yes, the plaintiffs established legal title as the heirs of the patentee. The defendants failed to present competent evidence of a conveyance from the patentee or establish title by adverse possession.
“This sufficiently adjudicates the death of the original plaintiff for the purposes of this proceeding.”
Establishes the validity of substituting the heirs for the deceased patentee.
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Join FLexlaw to unlock all legal intelligenceThe original plaintiff, William Wiggins, patented land and later died. His heirs were substituted as plaintiffs in an ejectment action. The defendants…
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Whitfield, C. J.
In an action of ejectment the plaintiffs recovered judgment and the defendants took writ of error. The plaintiffs claimed as the heirs of the patentee of the land from the United States. It is contended that the proofs do not show the death of the patentee. The action was begun by William Wiggins, the patentee, as sole plaintiff. Subsequently his death was suggested and his heirs were substituted as plaintiffs in his stead as provided by the statute. No contest was made as the statute contemplates, and the order adjudging the death of the sole plaintiff and substituting his heirs as his legal representatives was duly made upon proper notice. This sufficiently adjudicates the death of the original plaintiff for the purposes of this proceeding.'
The defendants claimed a conveyance had been made by the patentee to their ancestor, but no proper evidence of such conveyance was offered. Oral testimony that a deed of conveyance was reported to have been made is incompetent to show title. See Harris v. Butler, 52 Fla. 253, 42 South. Rep. 186. No title in the defendants by adverse possession was shown, and the legal title of the plaintiffs as the heirs of the patentee properly prevailed There was no error in directing a verdict for the plaintiffs since there was no evidence upon which a verdict could lawfully have been rendered for the defendants. Tedder v. Fraleigh-Lines-Smith Co., 55 Fla. 496, 46 South. Rep. 419.
The judgment is affirmed.
Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
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Citator
Cited By
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Nell Gravette v. Turner, 77 Fla. 311 (Fla. 1919)…Dry Dock Co., 66 Fla. 170, 63 South. Rep. 720; Tedder v. Fraleigh-Lines-Smith Co., 55 Fla. 496, 46 South. Rep. 419; Bell v. Niles, 61 Fla. 114, 55 South. Rep. 392; Campbell v. McLaurin Investment Co., 74 Fla. 501, 77 South. Rep. 277; Gordon v. Lowe, 64 Fla. 81, 59 South. Rep. 861; Gardner Lumber Co. v. Bank of Commerce, 73 Fla. 246, 74 South. Rep. 313, 73 Fla. 504, 513. A directed verdict for the defendant is proper when the plaintiff wholly fails to prove the case alleged or when a defense is proven wit…
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New England Mut. Life Ins. Co. v. Alden Huckins, 127 Fla. 540 (Fla. 1937)…99, 71 So. 630; Standard Accident Ins. Co. v. Com. Bank & Trust Co., 93 Fla. 903, 112 So. 615; Bolles v. Carson, 73 Fla. 504, 512, 74 So. 509; Berryhill-Cromartie Co. v. Manitowoc Shipbuilding & Dry Dock Co., 66 Fla. 170, 63 So. 720; Gordon v. Lowe, 64 Fla. 81, 59 So. 861; McGill v. Dartist, 69 Fla. 587, 68 So. 755; Greenblatt v. Bissell Dry Goods Co., 85 Fla. 83, 95 So. 302; Ocala Iron Works v. Crosby, 61 Fla. 369, 54 So. 815; Am. Mercantile Co. v. Circular Advertising Co., 71 Fla. 522, 71 So. 607. See a…
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Campbell v. McLaurin Inv. Co., 74 Fla. 501 (Fla. 1917)…or the defendant could not legally be found, the court was under the statute authorized to direct a verdict for the plaintiff. Sec. 1495 Gen. Stats. 1906, Compiled Laws 1914; McGill [*509] v. Dartist, 69 Fla. 587, 68 South. Rep. 755; Gordon v. Lowe, 64 Fla. 81, 59 South. Rep. 861; Investment Co. v. Trueman, 63 Fla. 184, 57 South. Rep. 663. Judgment affirmed. Browne, G. J., and Taylor, Ellis and West, J. J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tedder v. Fraleigh-Lines-Smith Co., 55 Fla. 496 (Fla. 1908)
- Harris v. Butler, 52 Fla. 253 (Fla. 1906)