Legal Opinion

City of Apalachicola v. Curtis

Supreme Court of Florida

Decided July 1, 1861PublishedCited by 8 opinions

This case was decided at Tallahassee. The bill sets forth that the Apalachicola Company, being proprietors of a large tract of land, proceeded in the year 183(5 to lay out a town on the tract known as the City of Apalachicola, then already having considerable population and a large and growing trade and commerce.

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This case was decided at Tallahassee. The bill sets forth that the Apalachicola Company, being proprietors of a large tract of land, proceeded in the year 183(5 to lay out a town on the tract known as the City of Apalachicola, then already having considerable population and a large and growing trade and commerce. That the Company laid out regular streets and squares, surveying them in a regular manner, and planting stakes, so as to designate the same, and distinguish in a proper manner the different sites and locations, and then proceeded to cut down brush and trees, to fill up and remove…

1Opinion of the CourtForward, J.

The Bill, it will be seen, is filed in this case for the purpose of restraining the use of the map, alleged to have been fraudulently altered, for any purpose whatever, against the City, and for the recovery of mesne profits after judgment in ejectment, and for the recovery of the costs of said suit in ejectment.

The main question is, whether the bill makes out a prima facie case — such a case as required the Chancellor on' the application for said injunction in the exercise of legal discretion according to tlie rules of equity and good conscience and practice of the Court, to grant said…

2Cases cited4 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Geiger v. FilorSupreme Court of Florida · 1859
  3. Rhode Island v. MassachusettsSupreme Court of the United States · 1841
  4. Yonge v. McCormickSupreme Court of Florida · 1855

3Cited by8 opinions

  1. Godwin v. PhiferSupreme Court of Florida · 1906
  2. Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
  3. Thursby v. StewartSupreme Court of Florida · 1931
  4. McMullen v. County of PinellasSupreme Court of Florida · 1925
  5. Finlayson v. LipscombSupreme Court of Florida · 1876

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