Vincent v. Hines

• Decision Date: 21 April 1920
• Citation: Vincent v. Hines, 79 Fla. 564, 84 So. 614 (Fla. 1920)
• Parties: VINCENT et al. v. HINES, Director General of Railroads, et al.
• Court: Florida Supreme Court

84 So. 614

79 Fla. 564

VINCENT et al. v. HINES, Director General of Railroads, et al.

Florida Supreme Court

April 21, 1920

Rehearing Denied June 2, 1920.

Appeal from Circuit Court, Polk County; John S. Edwards, Judge.

Suit by M. L. Vincent and others against Walker D. Hines, United States Director General of Railroads, and another. Decree for defendants, and plaintiffs appeal. Affirmed.

Syllabus by the Court

SYLLABUS

When a deed of conveyance of real estate is executed as required by the statute of frauds, it operates under the statute of uses to vest title in the grantee, provided that livery of seisin can be lawfully made of the land at the time of the execution of the deed.

If a portion of land covered by a deed of conveyance is in the possession of another than the grantor at the time of the execution of the deed, title to the portion so adversely possessed does not pass to the grantee, though title to the portion not so adversely possessed may vest in the grantee.

Where lands are trespassed upon, a party, to be entitled to sue and recover for such trespass, must have been the owner or in possession of such land at the time of trespass.

COUNSEL Hilton S. Hampton, of Tampa, for appellants.

Knight Thompson & Turner, of Tampa, for appellees.

OPINION

WHITFIELD J.

The bill of complaint herein is as follows:

'M L. Vincent, J. H. Vincent, Wm. A. Hartline, and Rosie C. Hartline, his wife, by their solicitor, Hilton S. Hampton, bring this their amended bill of complaint against Seaboard Air Line Railway, a corporation, and thereupon your orators complain and say:

'That on the 8th day of February, 1915, and prior thereto, to wit, on January 1, 1914, the said Wm. A. Hartline was the owner in fee simple of the following described premises lying in Polk county, Florida, to wit: Begin 175 yards east of the N.W. corner of the S.W. 1/4 of the N.W. 1/4 of section 13, township 31 south, range 25 east; run thence east 175 yards; thence south 140 yards; thence west 175 yards; thence 140 yards to point of beginning. That on said date, by deed recorded in Deed Book, 139, page 76, the said Wm. A. Hartline, joined by his wife, Rosie C. Hartline, conveyed with full covenants of warranty the abovedescribed land to the complainants M. L. Vincent and J. H. Vincent. That thereafter, to wit, on November 14, 1917, the said J. H. Vincent conveyed by warranty deed his undivided interest in the foregoing property to the cocomplainant, M. L. Vincent, which said deed is recorded in Deed Book 158, page 219.

'Your orators further represent that said lands are of great value to the complainant, the said M. L. Vincent, for various purposes; that the same is not only agricultural land, but contains a deposit of phosphate rock.

'Your orators further represent: That, prior to the filing of this bill of complaint, the defendant was a corporation doing business as a common carrier in Polk county, and some time in the year 1914 unlawfully and wrongfully entered upon the above-described land, which was then and there in the possession of the then owner of the legal title, and did grievous wrongs and trespasses commit, by wrongfully building and constructing its right of way and railway tracks upon and across the said land; the said tract of land in use by the defendant being approximately 100 feet in width, extending from north to south through said lands. That the exact date when the defendant wrongfully entered upon said land is unknown to your orators, and if it was occupying its right of way upon said lands at the time of the deed from the complainant Hartline and wife to M. L. Vincent et al. and at the time the said premises were conveyed by the said J. H. Vincent to the complainant M. L. Vincent, such occupation and possession was unknown to either of the parties to this bill of complaint, and was unknown to the said J. H. Vincent. That said railway company has never compensated any person or persons for said land who had any interest therein, and has never compensated your orator for its use and possession of the same. That said railroad track and right of way greatly depreciates the market value of said land, in that said right of way and track as now constructed runs approximately through the center of said land, destroying the value of the remainder thereof, in that it cuts up and divides the same, so it is less salable and less profitable for any other purpose. That your orators have demanded of the said defendant that it vacate said land or pay to the present holder thereof, M. L. Vincent, who holds a warranty deed for said property, a reasonable compensation therefor, as well as compensation for the use thereof; but the defendant, though requested, has refused to vacate said land or to pay your orators a reasonable compensation therefor, and that the use of said land at the present time by the defendant is unlawful, wrongful, and confiscation of said property without due process of law, and its use by the defendant has at all times been unlawful, as none of your orators have conveyed said land to the said defendant, or have ever acquiesced in its occupation and use, but, on the contrary, as soon as your orators found out that said property had been taken as aforesaid, demand was made upon the defendant for a vacation of said property.

'The premises considered, your orators pray:

'(1) That the said Seaboard Air Line Railway, a corporation, who is made party defendant to this bill, may be decreed to answer the same, but answer under oath being hereby waived.

'(2) That this honorable court will fix a reasonable time within which the defendant, if it sees fit, may commence condemnation proceedings for the purpose of condemning the land of your orator M. L. Vincent for its use, and pay your orator therefor; that in default of such proceedings and payment that the defendant may be restrained and enjoined from using your orators' land as set forth herein, and from interfering with your orator in restoring his lands to the condition in which they were previous to the tracks and rights of way being placed thereon, or, if it is not meet and proper that the foregoing relief be granted, then that this court will by proper direction ascertain the amount of compensation your orators are entitled to for the taking of said property in the manner fixed by the Constitution and laws of Florida; that the amount thereof be decreed to be a lien upon the property so taken, together with the improvements placed thereon; and, in default of payment of same within the time fixed by the court, that the land so taken and the improvements thereon be sold to satisfy said lien under said decree.

'(3) That your orator may have such other and further relief in the premises as may be agreeable to equity, and as the circumstances of this case shall warrant.

'(4) That a writ of subpoena do issue, directed to the said defendant Seaboard Air Line Railway, a corporation, commanding it, on a day and under a penalty to be therein limited, to be and appear before this honorable court, full, true, and perfect answer to make to all and singular the allegations in this bill contained, and to stand to, abide, and perform such other and further order in the premises as may be proper.

'Hilton S. Hampton, Solicitor for Complainant.'

A demurrer was filed on the following grounds:

'(1) Because said amended bill shows on its face that M. L Vincent, one of the complainants, is now the owner of the land mentioned in the bill of complaint, subject to the easement and rights of the defendant, and that he acquired his title in said land subsequently to the time when the defendant was actually occupying and using its right of way across said...