HUTCHISON v. HARRELL'S GROVES, INC.

No. 69-517.

234 So.2d 142 (1970)

J.W. HUTCHISON, Appellant, v. HARRELL'S GROVES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 8, 1970.


Attorney(s) appearing for the Case

Sherwood L. Stokes, Haines City, for appellant.

James P. Hahn, of Hahn & Breathitt, Lakeland, for appellee.


MANN, Judge.

Hutchison answered appellee's ejectment action by alleging title to about 80 of its acres by adverse possession. This claim rests upon their enclosure since 1922 within a large pasture which includes Hutchison's other lands. The trouble is that he appended to his affidavit opposing summary judgment a sketch showing only that portion of his fence which traverses appellee's land. Appellee's officers filed an affidavit stating that "Defendant has not fenced...

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