Conover v. Russ
Conover v. Russ
Opinion of the Court
Simon B. Conover, as plaintiff in the court below, on the 20th day of January, A. I). 1886, instituted his action of ejectment in the Circuit Court of Orange county, in the 7th Judicial Circuit, against the appellee, John C. Russ, to try the title to, and recover the possession of, the following described lands: Lots 1, 2, 3 and 4 of section 12, in township 20, south, of range 26, east. To the declaration the defendant pleaded the general issue. The cause was tried before a jury in Orange county on the 13th of June, 1887, and resulted in a verdict for the defendant, Russ. The plaintiff moved for a new trial upon divers grounds, which being denied, judgment was entered for the defendant, and from this judgment the plaintiff, Conover, appeals to this court. Prom the conclusions we have reached after a careful consideration of the case, some discussion of the evidence becomes necessary. The plaintiff to prove the issues on his behalf introduced a deed to himself as grantee, made by the Board of Trustees of the Internal Improvement Pund of Florida, dated the 23d of February, A. D. 1869, in which deed the said lands are described as “lying and being in Sumter county, Florida,” which deed, as appears from the-endorsements thereon, was duly recorded in the Sumter county records on the 23d of May, 1871. The plaintiff then offered in evidence a certified transcript from the as
The order of the court is, that the judgment of the court below is reversed, and that a new trial be granted.
Reference
- Full Case Name
- Simon B. Conover v. John C. Russ
- Status
- Published
- Syllabus
- Ejectment — Maps as Evidence. ■Where the land in controversy in an ejectment suit is located adjacent to the boundary line between two counties, the location of which boundary line is involved in such doubt, uncertainty ■and dispute as to render it seriously doubtful as to which of said two counties said land belongs, and the defendant relies entirely upon a tax title to the land, acquired in one of such counties ; and it appears that the land was assessed and sold for the same year’s taxes in both counties; and the plaintiff'has redeemed from the sale in one of them, but not from the sale in the county that resulted in defendant’s tax title. The material issue, under these circumstances, that most vitally affects the validity of such tax title, is the true Zooms of the land. In the trial of this issue the official maps of the county in which the plaintiff claimed the land to be, and from the tax sale in which lie redeemed them, are entirely proper and highly pertinent evidence to throw light upon the leading fact in issue, the true locus of such land ; and it is error to exclude such maps from evidence, when they show the land to be part of the county in which the tax redemption has been made.