Jones v. McMahon, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 3
Judges: PER CURIAM. —
Attorneys: Jones Green, for Plaintiff in Error;
Hull, Landis Whitehair, for Defendant in Error.
Filed: Dec. 29, 1933
Latest Update: Mar. 02, 2020
Summary: This was a suit in ejectment involving a narrow strip of land upon which was, and is, growing a row of orange trees. The strip of land is situated in one or the other of two ten-acre adjoining parcels of land. The plaintiff claims that this strip of land was within the parcel which he owned. The defendant claimed that this strip of land was within the parcel of land which he owned. Each produced substantial evidence to maintain his claim. The case was submitted to a referee, jury being waived, a
Summary: This was a suit in ejectment involving a narrow strip of land upon which was, and is, growing a row of orange trees. The strip of land is situated in one or the other of two ten-acre adjoining parcels of land. The plaintiff claims that this strip of land was within the parcel which he owned. The defendant claimed that this strip of land was within the parcel of land which he owned. Each produced substantial evidence to maintain his claim. The case was submitted to a referee, jury being waived, an..
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I think it was error to strike the plea denying possession, but since the real issue was tried and decided by the referee as if such a plea were included in the plea of not guilty, no harm was done by the error complained of as to striking the special plea which in reality was the only plea legally sufficient to raise the issue that was actually tried and decided. Under our statute a plea of not guilty in an ejectment case admits possession
by defendant of the property sued for in plaintiff's declaration, leaving only the title to it in issue. See Section 5044 C. G. L., 3236 R. G. S. A plea denying possession is peculiarly applicable to a case where the location of the disputed land on the ground is in issue, since in such cases there is seldom if ever any controversy as to who owns the land sued for as described in the title deeds of the respective parties.
Source: CourtListener
