Escambia Land & Manufacturing Co. v. Ferry Pass Inspectors & Shippers Ass'n

Citations

• 59 Fla. 239

Syllabus

<p>1. Two separate instruments under seal, executed by the parties at the same time, one an indenture of lease, the other in the nature of a defeasance which defeats the force or operation of the lease, must be read and construed together as one contract.</p> <p>2. A contract whereby one party leases to another the shore or space between high and low water mark, a part of the bed of a navigable stream the title to which is in the State in trust for the public, and the riparian rights which are concurrent with the rights of other inhabitants of the State and must be exercised subject to the rights of others is void, as being illegal and contrary to public policy.</p> <p>3. Courts will take notice of tbeir own motion of illegal contracts which come befo.re them for adjudication, and will leave the parties where they have placed themselves.</p>