State v. Black River Phosphate Co.

Citations

• 27 Fla. 276

Syllabus

<p>1. A bill in equity stating that a certain stream within this state is in fact navigable for the purposes of public commerce, without any direct averment that the state is the owner of the bed of such stream or of the deposits therein, does not allege the title or right of the state with such sufficient certainty as would warrant the granting of an injunction, therein irrayod, to restrain the removal of phosphatic or other deposits therefrom; or to require an answer to such bill. A demurrer to such bill is properly sustained on the ground of insufficiency, un- . certainty and vagueness.</p> <p>2. The state, in the absence of any prior or better right, is the owner of the entire beds of all streams within her borders that are in fact navigable by the public in the conduct of useful commerce thereon, whether the waters of such stream be salt or fresh; or whether the tides of the sea ebb and flow therein or not.</p>