Jones v. Allen

Decision Date21 May 1912
Citation63 Fla. 204,58 So. 784
PartiesJONES et al. v. ALLEN.
CourtFlorida Supreme Court

Error to Circuit Court, Calhoun County; J. W. Perkins, Judge.

Action by Isabel M. Jones and husband, for the use of J. B. Taylor against Thomas Allen. Judgment for defendant, and plaintiffs bring error. Affirmed.

Syllabus by the Court

SYLLABUS

Where one of three persons, who are members of a partnership which is in possession of land under a lease from another party acquires an adverse title to that of the lessor, and undertakes to prosecute an action of ejectment for his benefit in the name of the grantor of such adverse title without surrendering possession of the land to the lessor the rule that a lessee is estopped to dispute his lessor's title applies.

COUNSEL J. R. Wells, of Panama City, and W. B. Farley and Calhoun & Campbell, all of Marianna, for plaintiff in error.

Lewis & Buford, of Marianna, and W. O. Butler, of Chipley, for defendant in error.

OPINION

HOCKER J.

The plaintiffs in error, whom we shall speak of as the plaintiffs, brought an action of ejectment against the defendant, Thomas Allen, in the circuit court of Calhoun county, to recover the title and possession of 110 acres of land in that county. There was a plea of not guilty, and a special plea setting up that the plaintiff J. B. Taylor was at the time of the institution of this suit, and before, in the possession of the lands sued for as the tenant of Thomas Allen under a lease from Allen, and that Taylor has never surrendered possession to said defendant Allen. There was a motion to strike this plea, and also a demurrer to it, which were overruled. The case was tried in October, 1911, resulting in a verdict and judgment for the defendant, and the plaintiffs are here on writ of error.

On the trial the plaintiffs introduced in evidence a patent conveying the lands in controversy to Isabel M. Alling dated 2d of July, 1889. It was proven that Isabel M. Alling subsequently married Dr. L. M. Jones, She testified that she sold the land to J. B. Taylor and delivered to him her deed and the patent. The deed was introduced in evidence, executed by Mrs. Jones and her husband, conveying the land to J. B. Taylor, and is dated 26th of October, 1910.

The defendant, Allen, introduced in evidence a tax deed embracing the land in question, dated 1st of November, 1902. After the defendant had testified in regard to certain acts of his tending to show his claim and possession of the land, and had stated that he had leased the lands to a partnership firm under the style of Taylor, Schermer & Co. the plaintiffs introduced the lease made by the defendant, Allen, to said firm. It is dated 3d of December, 1906, is under seal, and grants turpentining privileges to said firm for a valuable consideration for 'four years beginning, with reference to each portion thereof, from the winter that the boxing and working of each portion is commenced, and shall continue to operate until all the timber and each and every part thereof has been boxed,' etc. The firm of Taylor, Schermer & Co. is a partnership composed of J. B. Taylor, F. A. Schermer, and A. Moog. Taylor made the contract with Allen and drew the lease. The firm went into possession...

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2 cases
  • Gibbs v. Mccoy
    • United States
    • Florida Supreme Court
    • November 2, 1915
    ...of those claiming under such grantors. See Coogler v. Rogers, 25 Fla. 853, 7 So. 391; McRae v. Preston, 54 Fla. 190, 44 So. 946; Jones v. Allen, 63 Fla. 204, 207, 58 So. 784; Sherlock v. Varn, 64 Fla. 447, 59 So. 953. The amendment did not make a new action, since the real parties in intere......
  • Rogers v. Martin
    • United States
    • Florida Supreme Court
    • February 27, 1924
    ...and tenant is shown, the tenant is estopped to deny his landlord's title. Winn v. Strickland, 34 Fla. 610, 16 So. 606; Jones v. Allen, 63 Fla. 204, 58 So. 784. will not lie for waste of leased premises and to recover damages therefor. Waste and abuse of leased premises may be stopped and da......

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