State v. Black River Phosphate Co.

Taylor, J. :

On the 23d of October, 1890, the State of Florida tiled its bill of complaint in equity in the circuit court for Clay county against the Black River Phosphate Company, a corporation organized under the law's of Florida-. The allegations and prayers of said bill, omitting its formal parts, are in the words following :

“(1.) The said company has for a year or more wrongfully, wilfully and unlawfully entered upon the bed of Black river, also known as 'Black Creek’ and has wrongfully, unlawfully and willfully dug, *317mined, removed and appropriated therefrom, and is now unlawfully and…