Lord v. Curry

Citations

• 71 Fla. 68
• 71 So. 21

Syllabus

<p>1. In an action of ejectment whereby it is sought to recover the possession of a tract of land and the basis of the title of the plaintiffs is a patent to the State of Florida from the United States of America, conveying a certain fractional section, which embraces Government lot one (1), which patent refers to the official survey so as to make it a part thereof, the plaintiffs deriving their title to such Government lot by mesne conveyances, and it is claimed that the tract of land the recovery of' the possession of which is sought forms a part of such government lot, such official survey, including the government plat and field notes, must control in determining such claim.</p> <p>2. Where the official government plat shows that government lot one (1) of a fractional section of land contains twenty-one (21) and 73-100 acres and it also appears from such official plat and field notes that the government surveyor stopped his survey at what he called a “Lagoon,” and it further appears from such plat and field notes that the surveyor did not intend to define the sinuosities of the beach or to make the banks of the lagoon the boundary of the lot, but his intention is rather indicated to define by boundary lines the land embraced in such lot one (1) and not to in-elude a tract of land, whether marsh land, tide land or otherwise, containing about fifteen (is) acres, which lies off the point at which the official survey stopped, such tract of land must be held not to be included within the confines of such government lot one (i). It makes no difference whether the southwest point of the survey of such lot stopped at water that may have been between that point and the land beyond, or whether there was a narrow strip of land from the point at which the survey of lot one (i) stopped, connecting the land beyond, it must be held that the lanfd beyond such point was left as unsurveyed.</p> <p>3. Swamp, boggy and marsh land is properly treated as land, and land does not pass