In the Circuit Court of the 5th Judicial Circuit
                            of the State of Fla in and for Alachua County
The Albion Mining &           }                           In Chancery
Manufacturing Company         } Bill for Injunction &c
          vs                  } Final Decree
W.F. Hughey & Riley & Willard }
            This cause is before on final hearing and has been argued by
the solicitors of the respective parties.
The defendants contend that the facts in the case show that the
complainants are not entitled to any relief - that the testimony shows
that the defendants were in possession of the property described in the
bill when the bill was filed; and that there is a remedy at law for the
the wrongs complained of = The complainants insist that whatever possession
defendant Riley had was colusive and fraudulent. Does this fact if
admitted change the legal aspect of the possession if it be adverse to the
true owner- I do not think this is the legal view of an act of desscision
A desscision is a wrongful deprivation of the possession of the true owner
and may be the basis of a claim of adverse possession = and ripen into a 
perfect title if continued long enough, however defective may be the
color of title as a conveyance of the property upon which it is based
It seems to me that the preponderance of the evidence in this case
shows that Riley was in the possession of the property under color
of title at least, when the bill was filed - The tract of land only
consisted of 80 acres & sixty acres had been cleared - The land had been
cleared for cultivation and had several houses on it & was not wild land
It does not appear that complainants were in actual occupation of any
part of it, when the bill was filed, Riley was occupying the
dwelling house and had made some improvements on it.
This case in this regard is not analogous to the the case of Brown vs
Solary in which the plea admitted the possession of complainant
In the case of Brown vs Solary there was no answer disputing
the title the Court on that case say "the questions" of title and
possession enter into the "consideration in cases of trespass as
"Well as when an instrument is sought" to be removed as a cloud
"upon the title"- The Court in that case says that where the title
is in litigation the Court of Equity may enjoin serious and
irreparable injury going to the destruction of the substance of
the estate pending legal proceedings - But that is not what is
prayed for in this case & it does not appear that any legal
proceedings have been brought to test the title - I am of opinion
from the facts of this case that the Court of Equity cannot grant
the relief prayed for, It is therefore ordered adjudged & decreed that the
prayer of the bill be denied and that the bill be dismissed at the cost
of complainant without prejudice  Ocala Fla March 18" 1899
Filed March 22d 1899                 W.A. Hocker
       Recorded March 30th 1899             Judge
                       H.C. Denton Clerk
                   pr S.H. Wienges DC