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Carlton, et al. v. Raulerson

Supreme Court of Florida, Division B
Jun 14, 1930
128 So. 810 (Fla. 1930)

Opinion

Opinion filed June 14, 1930.

A Writ of Error to the Circuit Court for Palm Beach County; C. E. Chillingworth, Judge.

Marvin C. McIntosh, for Plaintiff in Error;

Baynes Rowe, for Defendant in Error.


This writ of error is to a judgment for the defendant in an action of ejectment brought by the Trustees of the Internal Improvement Fund against S.C. Raulerson. Upon due consideration it is considered by the Court that there is error in the judgment in that the weight of the evidence tends to show that the locus in quo constituted a part of the land covered by the waters of Lake Okeechobee, a navigable lake, before the level of the lake was so lowered by drainage operations as to leave the lands in question uncovered by the waters of the lake, making the disposition of the land subject to the provisions of Chapter 7861, Acts of 1919, and not to Chapter 610, Act of January 6, 1855.

It is therefore ordered and adjudged by the Court that the judgment is reversed and the cause remanded for new trial.

WHITFIELD, P. J., AND STRUM AND BUFORD, J. J., concur.

TERRELL, C. J., AND ELLIS, J., concur in the opinion and judgment.

BROWN, J., dissents.


Summaries of

Carlton, et al. v. Raulerson

Supreme Court of Florida, Division B
Jun 14, 1930
128 So. 810 (Fla. 1930)
Case details for

Carlton, et al. v. Raulerson

Case Details

Full title:DOYLE E. CARLTON, et al., as an constituting the TRUSTEES INTERNAL…

Court:Supreme Court of Florida, Division B

Date published: Jun 14, 1930

Citations

128 So. 810 (Fla. 1930)
128 So. 810

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