Ruge v. Apalachicola Oyster Canning & Fish Co.

Citations

• 25 Fla. 656

Syllabus

<p>1. A preliminary injunction should not be granted on a bill sworn to on information, and belief and unaccompanied by affidavit of the facts from the person from whom the information and belief were derived ; and an admission by defendant in his answer or affidavit of a material fact alleged in the bill does not cure the defect when there are other material facts unadmitted and unverified.</p> <p>2. The dedication of a public park on the water front of a bay does not carry the park into the bay, except to the extent of accretions thereto. The submerge 1 lands of the bay not disposed of by the State are her property, and aie not subject to disposition by the owner of the land adjoining the bay.</p> <p>3. “Florida Promenade,” a public park dedicated to the city of Apalachicola more than fifty years ago, if it extended to the bay went no further, the parties who made the dedication having no such light of property in the water front as authorized them to create an easement therein. Florida was at the time a Territory and that front was vested in the United States, but on the ad. mission of Florida as a State it became vested in her.</p> <p>4. The question of title to the submerged binds of the bay of Apalachicola is not affected by the fact 'hat the act of the Territory of Florida incorporating the city of Apalachicola g.ive limits to the city which included the water space in front of the Promenade. That only fixed the limits of municipal jurisdiction, without reference to ownership of property.</p> <p>5. The act of 1856 in favor of riparian owners, entitled “ an act to benefit commerce,” held not to apply in the case of a public park, as it did not fall within the contemplation of the Legislature or within the intention of the act,</p> <p>6. R is the owner of water lots in the City of Apalachicola on one of which he has an oyster canning factory. These lots do not adjoin the Promenade as laid out on the land, but he alleges that they adjoin the Promenade as it is e