Merrill-Stevens Co. v. Durkee
Supreme Court of Florida
This .case was decided by the Court En Banc. Appealed from the Circuit Court for Duval County. Statement. The .following bill of complaint was filed: “Merrill-Stevens Company, a corporation organized and existing under the laws of the State of Florida, by its solicitors, Cockrell and Cockrell, brings this its bill of complaint against Jay H. Durkee and Cora L. Durkee, each of the County of Duval and State of Florida, and humbly complaining your orator shows as follows: 1.…
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This .case was decided by the Court En Banc. Appealed from the Circuit Court for Duval County. Statement. The .following bill of complaint was filed: “Merrill-Stevens Company, a corporation organized and existing under the laws of the State of Florida, by its solicitors, Cockrell and Cockrell, brings this its bill of complaint against Jay H. Durkee and Cora L. Durkee, each of the County of Duval and State of Florida, and humbly complaining your orator shows as follows: 1. Chester Bisbee, Henry Henderson, Francis Hudnall, and his wife Eliza Hudnall, Jacob Gutterson and his wife Mary A.…
1Opinion of the Court
Whitfield, C. J.,
(after stating the facts.) — The main question to be determined is whether the allegations of the bill of complaint that are admitted by the demurrer show the encroachments complained of to be upon the exclusive riparian rights of the complainant in the lands under the waters of the navigable stream.
At common law, all navigable waters and the lands thereunder were held by the sovereign for the benefit of the whole people, and the owner of land abutting on navigable waters had no exclusive right in the waters below ordinary high water mark or in the lands under the waters,…
2Cases cited7 opinions
- State ex rel. Ellis v. GerbingSupreme Court of Florida · 1908
- Ferry Pass Inspectors' & Shippers' Ass'n v. Whites River Inspectors' & Shippers' Ass'nSupreme Court of Florida · 1909
- State v. Black River Phosphate Co.Supreme Court of Florida · 1893
- Groner v. FosterSupreme Court of Virginia · 1897
- Clark v. CampauMichigan Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brickell v. TrammelSupreme Court of Florida · 1919
- Hayes v. BowmanSupreme Court of Florida · 1957
- Thiesen v. Gulf, Florida & Alabama Railway Co.Supreme Court of Florida · 1917
- Pembroke Pembroke v. Peninsular Terminal Co.Supreme Court of Florida · 1933
- Walton County v. Stop Beach RenourishmentSupreme Court of Florida · 2008
20 more not listed; retrieve them via the Exa API.