Dumas v. Garnett

Citations

• 32 Fla. 64

Syllabus

<p>1. The. ripariau act oí December 37th, 185(5, Sees. 454, 455, Rev. Stat., does not include riparian or latteral proprietorships on all navigable waters, but only those on a navigable stream, bay of the sea, or harbor.</p> <p>3. Whether land which does not extend down to the bank of'a navigable stream whose banks are the subject of overflow by the ordinary tides, but is reached by such overflowing waters, is riparian to such stream, within the meaning of the riparian act, not decided.</p> <p>!5. Where it is not shown that land claimed to be riparian to a navigable stream was such at the passage of the riparian act of December 27th, 1856, Sections 454, 455, Rev. Stat.; or has become so since (assuming that such change of condition would bring it within the statute), a verdict averse to the owner of such land asserting, through it, a right to the benefits of such act must be sustained.</p>