Billings v. Stark
Supreme Court of Florida
• Appeal from judgment of Circuit Court for Nassau county. The appellant sued the respondent in ejectment to recover a lot of land in Fernandina. The defendant answered, denying the allegations in the complaint, and, for a further defence, alleged that he had had the peaceable possession of the premises, under title adverse to the plaintiff, for seven years preceding the commencement of this suit.
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• Appeal from judgment of Circuit Court for Nassau county. The appellant sued the respondent in ejectment to recover a lot of land in Fernandina. The defendant answered, denying the allegations in the complaint, and, for a further defence, alleged that he had had the peaceable possession of the premises, under title adverse to the plaintiff, for seven years preceding the commencement of this suit. Upon trial, plaintiff proved that the defendant was in possession of the premises at the time of the commencement of suit; produced a deed of bargain, sale, and quit claim, executed by C. L.…
1Opinion of the CourtRandall, C. J.
Had the defendant rested upon the plaintiff’s showing, the verdict could not have been disturbed. The certificate of the Clerk of the Board of Tax Commissioners is not made evidence of the sale of lands for taxes. The act of Congress makes the certificate of the commissioners evidence of the sale. "When the defendant introduced a certified copy of the tax certificate, of the date of June, 1863, he had supplied the necessary link in the plaintiff’s testimony by which his case was pri/ma facie made out. The defendant’s counsel insists that the plaintiff is not entitled to the benefit of the…
2Cited by9 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- Richbourg v. RoseSupreme Court of Florida · 1907
- Atlantic Coast Line Railroad Co. v. WebbSupreme Court of Florida · 1933
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- Campbell ex rel. Estate of Campbell v. CarruthSupreme Court of Florida · 1893
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