Gibbs v. Drew

Citations

• 16 Fla. 147

Syllabus

<p>X. Franchises which are incorporeal hereditaments of an intangible nature, are not embraced within the meaning of the terms “ lands or tenements” in the act regulating the proceeding of unlawful detainer. Hence:</p> <p>2. A railroad being a public work, the possession of which is necessarily-attended by the right and duty 10'' use and employ the franchises granted by thd sovereign in connection with it, an action of unlawful detainer does not lie to recover possession of a part thereof, as this involves the right to and the public duty of exercising these franchises.</p>