Hart v. Bostwick
Supreme Court of Florida
This is an appeal from the Fourth Judicial Circuit — Duval .Ootinty. The complaint alleges that plaintiffs are the owners of' 640 acres of land near Jacksonville ; that defendants are in possession and withhold the possession ; demand judgment for the possession, $10,000 damages and costs. 1. The answer denies that plaintiffs are the owners or entitled to the possession. 2. Defendants allege that the action was not instituted within seven years next after the cause of action…
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This is an appeal from the Fourth Judicial Circuit — Duval .Ootinty. The complaint alleges that plaintiffs are the owners of' 640 acres of land near Jacksonville ; that defendants are in possession and withhold the possession ; demand judgment for the possession, $10,000 damages and costs. 1. The answer denies that plaintiffs are the owners or entitled to the possession. 2. Defendants allege that the action was not instituted within seven years next after the cause of action accrued, excluding in the computation of said seven years the period of time between the 10th of January, 1861, and the…
1Opinion of the CourtRandall, C. J.
This was an action commenced by the appellants to recover the possession of certain lands. The appellants assign, for-, error, first, that the court overruled their demurrer to the; second ground of defence set up in the defendants’ answer,, which alleged that the action “ was not instituted within seven years next after the said cause of action accrued, excluding the period of time between the tenth day of January, A. D. 1861, and the 25th day of October, 1865.” The plaintiffs demurred to this portion of the answer for insufficiency, *170and the court- overruled the demurrer. The plaintiffs then…
2Cases cited15 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
- Whitney v. WrightNew York Supreme Court · 1836
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3Cited by38 opinions
- State v. BryanSupreme Court of Florida · 1905
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Bauld v. JA Jones Const. Co.Supreme Court of Florida · 1978
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- Coogler v. RogersSupreme Court of Florida · 1889
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