Bruce v. Seaboard Air Line Railway

Citations

• 52 Fla. 461

Syllabus

<p>DEDICATION — ABSOLUTE AND' PINAL DEDICATION CAN' ONLY BE MADE BY OWNER OP ABSOLUTE FEE — DEDICATION CANNOT BE MADE OP LANDS IN ADVERSE POSSESSION OP ANOTHER.</p> <p>1. Only tbe owner of an absolute fee can make an absolute and final dedication of land to a public use, for streets, &e.</p> <p>2. A party claiming title to land that is in the actual adverse possession and occupancy of another, cannot, as against such adverse occupant, make an absolute and final dedication of such land to a public use by the filing and public record of a map subdividing the part thereof held adversely into streets, lots and blocks, and by selling other parts thereof not held adversely to other parties by reference to such map.</p> <p>3. Where a railroad company tortiously builds its road, depot buildings, etc., on land owned by C. and subsequently to the establishment of such road, buildings, etc., C. sells and conveys the land to H. the latter cannot recover of such railroad company damages for the tort, but the right of action therefor remains alone in O.</p>