Futch v. Parslow

Decision Date26 November 1912
Citation64 Fla. 279,60 So. 343
PartiesFUTCH et al. v. PARSLOW.
CourtFlorida Supreme Court

Rehearing Denied Jan. 6, 1913.

Appeal from Circuit Court, Hillsborough County; F. M. Robles, Judge.

Suit by Josephine A. Parslow against Manie D. Futch and others. Decree for complainant, and defendants appeal. Affirmed.

Syllabus by the Court

SYLLABUS

The existence of the relation of cotenancy does not preclude one cotenant from establishing an adverse possession in fact as against the other cotenants.

A grantee, under a deed purporting to convey the entire interest from one who in fact holds only an undivided interest, may acquire title by adverse possession as against the other cotenants.

When the statute begins to run against the ancestor in his lifetime, it continues to run against his minor heirs after his death.

Where legal rights in lands are barred by the statute of limitations and no ground for equitable relief appears partition will not be decreed.

COUNSEL A. J. Henry, of Lake City, and H. P. Baya, of Tampa, for appellants.

Sparkman & Carter, T. E. Lucas, and J. F. Glen, all of Tampa, for appellee.

OPINION

WHITFIELD C.J.

This appeal is from a decree quieting title to real estate. It appears that Columbus Stafford was the owner of lot 4 of block 8 according to the general map of Tampa when he died leaving as his heirs two sons, La Fayette and Columbus, Jr and a daughter Mary, who married John Carney, and died intestate in 1883, leaving her husband, John Carney, and a daughter, Manie D., who was born in July, 1879, and married Futch.

John Carney married again, and had a posthumous son, John Carney born in 1887, the father having died in December, 1886. On January 9, 1884, La Fayette Stafford, joined by his wife, and Columbus Stafford executed to Alfred H. Parslow a conveyance of the entire estate. On January 9, 1884, John Carney, who had been the husband of Mary Stafford before her death, and who with the daughter were her heirs, executed a conveyance of the property to La Fayette Stafford. In 1887 Alfred H. Parslow conveyed the land to his wife, Josephine A. Parslow, through the medium of a third person.

On May 19, 1910, Mrs. Josephine A. Parslow brought suit against Manie D. Futch and her husband to quiet the title to the land in Mrs. Parslow. By an amendment John Carney was made a defendant. The answer asserts a title to an undivided one-third interest in the property to be in Manie D. Futch and John Carney, the first as the heir of Mary Stafford Carney, and the latter as the heir of the elder John Carney. The answer avers that the complainant and her predecessor in title took their conveyance with knowledge of defendant's rights, and held possession as a cotenant with the defendants.

The existence of the relation of cotenancy does not preclude one cotenant from establishing an adverse possession in fact as against the...

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8 cases
  • Kennedy v. Vandine, 34621
    • United States
    • Florida Supreme Court
    • April 20, 1966
    ... ... Coogler v. Rogers, 1889, 25 Fla. 853, 7 So. 391; Futch v. Parslow, 1912, ... 64 Fla. 279, 60 So. 343. In Coogler this court said that '* * * this ouster must be proved * * * as by showing that the ... ...
  • Commercial Bldg. Co. v. Parslow
    • United States
    • Florida Supreme Court
    • January 21, 1927
    ... ... each. The record further shows the two youngest appellees to ... be feme coverts. It is true that, infants not being sui ... juris, neither laches nor the statute of limitations will run ... against them, unless it has already commenced to run against ... the ancestor. Futch v. Parslow, 64 Fla. 279, 60 So ... In this ... case neither laches nor limitation can be imputed to the ... ancestor, but, as to all feme coverts, the right to the ... property involved was their separate property, and this fact ... may determine the time the statute of limitations ... ...
  • Vaughn v. Vaughn, B-316
    • United States
    • Florida District Court of Appeals
    • April 5, 1960
    ...notorious in its hostility to and exclusiveness of them as to put them on notice of its adverse character. The case of Futch v. Parslow, 1912, 64 Fla. 279, 60 So. 343, cited by appellant, is not in point for the reason that the title claimant, Parslow, did not stand in the relation of a cot......
  • Diaz v. Security Union Title Ins. Co.
    • United States
    • Florida District Court of Appeals
    • June 14, 1994
    ...property through a warranty deed rather than as heir. See also Morrison v. Byrd, 72 So.2d 657, 658 (Fla.1954); Futch v. Parslow, 64 Fla. 279, 60 So. 343, 344 (Fla.1912). In Diedricks v. Reinhardt, 466 So.2d 375, 377-78 (Fla. 3d DCA 1985), a non-possessing cotenant sued to recover title to t......
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