Legal Opinion

Schutt v. Lester, Et Vir

Supreme Court of Florida

Decided October 15, 1940Published

1Opinion of the CourtBuford, J.

On writ of error, we review judgment in ejectment in favor of defendants.

Both parties -asserted title from a common source.

It is well settled that -in ejectment “the plaintiff must recover on' the strength of his own title and not on the weakness of the title of the defendant. The plaintiff cannot recover even as against one without title unless he shows title or prior possession. Phillips v. Lowenstein, 91 Fla. 89, 107 So. 350; Ropes v. Minshew, 51 Fla. 299, 41 So. 538; Skinner Mfg. Co. v. Wright, 56 Fla. 561, 47 So. 931; Florida Finance Co. v. Sheffield, 56 Fla. 285, 48 So. 42, 23 L. R. A.…

2Cases cited12 opinions

  1. Johnson v. ReynoldsSupreme Court of Florida · 1929
  2. Phillips v. LowensteinSupreme Court of Florida · 1926
  3. Burns v. McDanielSupreme Court of Florida · 1932
  4. Williams v. GuthrieSupreme Court of Florida · 1931
  5. Florida Finance Co. v. SheffieldSupreme Court of Florida · 1908

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