Godson v. Town of Surfside

THOMAS, J.:

Oddly enough, this litigation is principally traceable to the fact that one boundary of a city lot was fluctuant. The north, south and west boundaries of the property were fixed, but the east line was the Atlantic Ocean, the shore of which is subject to erosion by tide and wave.

The latter part of the year nineteen forty the appellant, then a prospective purchaser of the property, was furnished with a plat showing a survey recently made and indicating that the length of the lot was approximately two hundred and eighty-five feet. A few months later, having bought the lot, he appeared…