Legal Opinion

Trustees of the Internal Improvement Fund v. St. Johns Railway Co.

Supreme Court of Florida

Decided January 15, 1878PublishedCited by 11 opinions

Appeal from the Circuit Court for St. Johns county. The bill alleges the organization of the company in pursuance of the provisions of its charter, the location of its road within the limits prescribed therein; that the company caused maps, plats, and diagrams to be made showing the line of said road, the connections, distances of township, range, or section lines, as required by the seventh section of said act, and designating the odd sections in fractional sections within…

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Appeal from the Circuit Court for St. Johns county. The bill alleges the organization of the company in pursuance of the provisions of its charter, the location of its road within the limits prescribed therein; that the company caused maps, plats, and diagrams to be made showing the line of said road, the connections, distances of township, range, or section lines, as required by the seventh section of said act, and designating the odd sections in fractional sections within six miles on either side of the road, and of the term-ini thereof, and forwarded and filed with the officer required by…

1Opinion of the Court

Judge White,

of the Second Circuit,.(sitting in the. place .of Mr. Justice Westcott, disqualified,) delivered the opinion -of the court. -

There are two questions involved in this Case—•

First. Whether the' 13th section of the St:‘Johns ‘Railway •charter granting'swamp and overflowed' lands to'this company is unconstitutional, as'impairing'the obligation of contracts arising under the internal' improvement act'of Janmary 6, 1855?

Second. Whether the St. Johns'Railway was constituted •in accord anee with the' provisions‘and' specifications of the internal improvement act'; and, if not1,…

2Cases cited1 opinion

  1. Trustees of the Internal Improvement Fund v. GleasonSupreme Court of Florida · 1875

3Cited by11 opinions

  1. South Atlantic Steamship Co. of Delaware v. TutsonSupreme Court of Florida · 1939
  2. Trustees Internal Improvement Fund v. RootSupreme Court of Florida · 1912
  3. Morgan v. DunwoodySupreme Court of Florida · 1913
  4. Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
  5. Askew v. SonsonSupreme Court of Florida · 1981

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