FENTON C. MACLAY
v.
ROBERT MUIR MACLAY
FENTON C. MACLAY
ROBERT MUIR MACLAY
152 Fla. 553
Florida Supreme Court (1943)
Positive Treatment
Also reported at: 12 So. 2d 451
Cited by 2 cases
Opinion of the Court
Affirmed.
Costs of this appeal, including fifty dollars to defray the expenses of counsel for the appellant in presenting the matter to this Court, are assessed against appellee.
It is so ordered.
BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Klein v. Melania Flores Meza & Kendall Acres Condo. Ass'n, Inc., 4 So. 3d 51 (Fla. 3d DCA 2009)…ebruary 2000 pursuant to a written contract for deed. As both section 95.18 and the Florida Supreme Court make clear, “possession under an executo-ry contract is not adverse as to the vendor and his privies.” Wright Estates v. Germain, 152 Fla. 612, 12 So. 2d 451, 452 (1943) (citations omitted). Adverse possession during this period of time could not, therefore, exist. Meza’s continued occupancy following her conceded failure in February 2000 to make the balloon payment called for in the contract for deed a…
-
Evie T. Parker v. NIX, 580 So. 2d 178 (Fla. 1st DCA 1991)…that Nix’s occupancy was open, notorious, and hostile to Parker; and that Parker had adequate notice of the nature of Nix’s claim. Parker relies on Coe v. Finlayson, 41 Fla. 169, 26 So. 704 (1899), and Wright Estates, Inc. v. Germain, 152 Fla. 612, 12 So. 2d 451 (1943), for the assertion that one cannot adversely possess property against another who is not entitled to possession. Nix seeks to distinguish those cases, arguing that Coe dealt with a mortgagee’s attempt to adversely possess property against the…