Wismer v. Alyea

This case is here upon writ of error to the Circuit Court of Citrus County and is based upon a judgment rendered upon a verdict in an ejectment suit in favor of plaintiff, W. S. Alyea which also found damages for mesne profits in the amount of $550.00.

The declaration is couched in the statutory form and a plea of "not guilty" was entered by defendant which plea, under Section 5044, C. G. L. 1927, puts in issue the title of said lands in controversy and admits possession. Phillips v. Lowenstein, 91 Fla. 89, 107 So.2d 350.

Briefly stated the plaintiff Alyea and a person named Darby contracted to…