Hagan v. Ellis
Supreme Court of Florida
Writ of Error to the Circuit Court for Holmes •county. ■ STATEMENT. On March 16, 1893, defendant in error instituted in the Circuit Court of Holmes county, an action of ejectment against plaintiffs in error, to recover title to, and possession of, lots Nos. 1, 2 and 3 of section 20, Tp. 7 N., of H. 14 W., the declaration being substantially 'in the statutory form.
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Writ of Error to the Circuit Court for Holmes •county. ■ STATEMENT. On March 16, 1893, defendant in error instituted in the Circuit Court of Holmes county, an action of ejectment against plaintiffs in error, to recover title to, and possession of, lots Nos. 1, 2 and 3 of section 20, Tp. 7 N., of H. 14 W., the declaration being substantially 'in the statutory form. Defendants pleaded not guilty upon which issue was joined, and a trial had at the Pall term of the court, 1893, resulting in verdict and judgment for plaintiff, from which this writ of error was taken. The evidence, all of which was…
1Opinion of the Court
Cahter, J.:
' I. The court very properly gave the instruction requested by the plaintiff, and refused the second instruction requested by the defendants. Plaintiff purchased these lands from the United States in 1854 or 1855, and received a certificate of purchase and full payment, but no patent was issued upon his entry until 1891. During the period intervening between the entry and the issue of the patent, the plaintiff was the beneficial or equitable owner of the lands, and the United States was the holder of the legal title. Upon the theory that the entryman in such cases is the real owner…
2Cases cited20 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Cornelius v. KesselSupreme Court of the United States · 1888
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3Cited by27 opinions
- McKinnon v. JohnsonSupreme Court of Florida · 1909
- TRUSTEES OF INTERNAL IMPROVE. FUND v. ClaughtonSupreme Court of Florida · 1956
- Marion Mortgate Co. v. GrennanSupreme Court of Florida · 1932
- Norton v. JonesSupreme Court of Florida · 1922
- Price v. StrattonSupreme Court of Florida · 1903
22 more not listed; retrieve them via the Exa API.