Jernigan v. Holden

34 Fla. 530
CourtSupreme Court of Florida
DecidedJune 15, 1894
StatusPublished
Cited by9 cases

This text of 34 Fla. 530 (Jernigan v. Holden) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jernigan v. Holden, 34 Fla. 530 (Fla. 1894).

Opinion

Liddon, C. J.:

This case was an action of ejectment brought by appellant against appellees. The declaration was in the usual statutory form, and the plea was not guilty. By consent of parties the case was referred to E. M. Hammond, Esq., who, as referee, rendered judgdmentfor the defendants (appellees), from which the plaintiff (appellant) appeals.

The record is quite voluminous, and many interesting points are discussed in the briefs of counsel. The view we take of the case relieves us from the consider[532]*532ation. of all but one of them. This, the only question requiring consideration at our hands, is whether the plaintiff was barred by the statute of limitations from maintaining his suit. The land in controversy was a quarter section of one hundred and sixty acres, upon which is situated an orange grove. The plaintiff owned and resided upon the land prior to the year 1860, but during said year, about March or April, left the State of Florida for Texas. He remained in Texas until about the month of May, 1884, when he returned to Florida. The suit was begun February 4th, 1889. The plaintiff has never been in possession of the land by an agent or otherwise since he left Florida in 1860. The defendants have been in actual exclusive possession continuously from October 26th, 1864. During the greater portion of the period of this holding, many more years than seven, their claim has been founded upon a written instrument as being a conveyance of the premises. During the period of their claim of title and possession the defendants have made extensive and very valuable improvements upon the land. It is entirely unnecessary to discuss the question as to whether the defendants’ deed, and muniments of title are in good legal form, or whether they convey a good legal title to the land. It is not disputed that upon their face they are color of title; that they are written instruments purporting to, be a conveyance of the land in dispute, and that the defendants have held and claimed under them for much longer than the time prescribed by the statute (sec. 4 et seq., pp. 731, 732 McClellan’s Digest). The appellant claims that he is not within the bar of the statute of limitations, by reason of his absence from the State during the greater part of the time of defendants’ adverse possession. The statute of limitations of 1872 (McClellan’s Digest, p. 730 et [533]*533seq.) has no saving clause for non-residents. They are under no disability to sue in our courts, and stand under the general limitations act upon the same footing as citizens of the State. This proposition is virtually conceded by appellant, but he claims that the act of limitations of N ovember 10th, 1828, contained a saving clause for persons not within the State, and that the same was still in force when his suit was brought. This contention involves a consideration of the question whether the act relied upon is still in force. The sections of the act in question, set forth in Thompson’s Digest (sec. 2, p. 441) is as follows: “If any person or persons entitled to such writ or writs, or to such right or title of entry as aforesaid, shall be or were under the age of twenty-one years, feme covert, non compos mentis, imprisoned or not within the State, at the time of such right or title accrued, or coming to them, every such person, and his or her heirs, shall and may, notwithstanding the said twenty years are or shall be expired, bring and maintain his action, or make his entry, within ten years next after such disabilities removed, or the death of the person so disabled, and not afterwards.” The section contains a saving clause for persons ‘ :not within the State, ’ ’ in comm on with infants, femes covert, persons non compos mentis, or imprisoned. Not being “within the State” seems to have been regarded as a disability, and such an absentee was allowed by the statute ten years within which “to bring and maintain his action next after such disabilities removed.” On January 8th, 1848, was approved an act in this State entitled ‘ ‘An act to amend the several acts concerning the limitations of actions.” The third section of this act reads as follows: “Be it further enacted, That if any person or persons entitled to commence any such action, suit or proceeding, or [534]*534shall have any right or title of entry, hereinbefore mentioned, be at the time such title shall descend or accrue, either within the age of twenty-one years, a married woman, insane or imprisoned, the time during which such disability shall continue shall not be deemed any portion of the time within this act limited for making such entry or bringing such action, or instituting such suit or proceeding; but such person or persons may bring such action, institute such suit or proceeding within four years next after such disability is removed, but not afterwards.” (Chap. 142 laws of Florida). The new act makes important changes in the act of 1828. There is no express repeal of that act, neither are the two statutes so absolutely repugnant to each other that they can not stand together. The latter act is a revision of the former, and of all acts upon the subject of limitations of actions. We will consider what is the effect of a revision of a statute when we discuss the effect of the statute of limitations of 1872; for the immediate present we will content ourselves with defining a revision, and state the reasons impelling us to the belief that the statute of 1848 is a revision of the statute of 1828. Sutherland on Statutory Construction (Sec. 154) thus defines revision: ‘ ‘ Revision of statutes implies a re-examination of them. The word is applied to a restatement of the law in a corrected or improved form. The restatement may be with or without material change. A revision is intended to take the place of the law as previously formulated. * * ” The object of all judicial interpretation is to ascertain the legislative will, or what intention is conveyed by the language of the statute. Endlich on the Interpretation of Statutes, Sec. 1; State vs. Conkling, 19 Cal., 501. Under the definition quoted there can not be ground for doubt [535]*535that the section of the act of 1848, quoted above, was intended as a re-examination and restatement of the law as contained in a former act in a corrected and. approved form. By the old act five classes of persons were within the saving clause, viz: (1) infants,, (2) femes covert, (3) persons non compos mentis, (4) persons imprisoned, (5) persons not within the State, at the time the right or title accrued. All of these were allowed to bring and maintain actions for ten years after their disabilities were removed. In the act of 1848 the time allowed for bringing actions after the removal of disabilities was limited to four years, and only the first four classes of disabled persons were-named in the saving clause of the statute. This section, we think, was clearly intended by the Legislature to be a re-examination and restatement of the law as to who should not be barred from bringing suits by the limitations provided by the preceding sections (1 and 2 of Chapter 142 laws of Florida, p. 13 acts of 1847-8). The statute is not framed with that degree of skill and accuracy -which at subsequent periods of our history has marked amendatory legislation in this State, but still we think it is sufficiently clear and well expressed to convey the evident intention of the Legislature. To give the act of January 8th, 1848, any other construction or effect than we give it would produce the greatest want of harmony and system in our limitation acts.

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Bluebook (online)
34 Fla. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jernigan-v-holden-fla-1894.