Smith v. Klay
Supreme Court of Florida
This case was decided by Division A. Writ of error to the Circuit Court for Calhoun county. Statement. The defendants in error, as plaintiffs below, brought their action of ejectment in the Circuit Court of Calhoun county against the plaintiff in error as defendant below for recovery of a certain tract of land in said county. The trial resulted in a verdict and judgment in favor of plaintiffs, and the defendant ‘seeks its reversal by this .writ of error.
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This case was decided by Division A. Writ of error to the Circuit Court for Calhoun county. Statement. The defendants in error, as plaintiffs below, brought their action of ejectment in the Circuit Court of Calhoun county against the plaintiff in error as defendant below for recovery of a certain tract of land in said county. The trial resulted in a verdict and judgment in favor of plaintiffs, and the defendant ‘seeks its reversal by this .writ of error. There was a plea of not guilty, and a plea upon equitable grounds to the effect that the defendant had about twenty years before purchased…
1Opinion of the CourtTaylor, C. J.
(after stating the facts). — The court below erred in charging the jury affirmatively to find for the plaintiffs. The undisputed facts in proof were that the deed of conveyance to the plaintiffs, under which alone they claimed any right in or title to the land in dispute, was executed and delivered when the grantors therein were not in the actual possession of the land in controversy, but when the defendant Smith was in the actual possession thereof claiming title thereto as former purchaser thereof. There was conflict in the proofs as to whether Smith had fully paid the agreed purchase price…
2Cases cited4 opinions
- Gamble v. HamiltonSupreme Court of Florida · 1893
- L'Engle v. ReedSupreme Court of Florida · 1891
- Florida Southern Railway Co. v. BurtSupreme Court of Florida · 1895
- Dubois v. HolmesSupreme Court of Florida · 1884
3Cited by6 opinions
- Gunn v. City of JacksonvilleSupreme Court of Florida · 1914
- Malsby v. GambleSupreme Court of Florida · 1911
- Skinner Manufacturing Co. v. WrightSupreme Court of Florida · 1908
- Hillsborough Grocery Co. v. LemanSupreme Court of Florida · 1906
- Dannelly v. RussSupreme Court of Florida · 1907
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