Jacksonville, Tampa & Key West Railway Co. v. Adams

Citations

• 27 Fla. 443

Syllabus

<p>1. An administrator may maintain-ejectment to recover possession of the lands of his intestate or testator.</p> <p>2. The notice prescribed by Chapter 8505, Laws of Florida to be given by the commissioners appointed to view the premises and appraise the lands to be taken in condemnation proceedings for right of way for a railroad company, in the absence of the personal appearance of the land owner, is indispensable, and the requirement of the statute in this respect is jurisdictional and cannot be disregarded.</p> <p>3. An action of ejectment can be maintained against a railroad company to recover possession of a roadbed in use by the company, where the same has been taken without the consent of the owner, and without authority of law.</p>