Yager v. McNeill

Citations

• 60 Fla. 400

Syllabus

<p>1. The power of the legislature to grant alternate sections of swamp and overflowed lands within six miles on each side of a proposed railroad upon the conditions named in Section 29 of Chapter 610 Laws of Florida is not doubted, if the grant does not interfere with vested rights or with the payment of the necessary expenses of selecting and managing the lands of the Internal Improvement Fund.</p> <p>2. Under Section 3 of Chapter 3167 Laws of Florida the title to the alternate sections of land granted by said Chapter did not vest until the completion of the grading and laying on the crossties of ten miles of the railroad opposite the lands, provided that for every forty miles of road so completed, ten miles shall be ironed and equipped and in operation; and the provision of section 4 of the Act that upon the filing of the survey of the route, the alternate sections of lands granted shall be withdrawn from sale does not of itself give to the grantee any prior right or title to the particular lands.</p> <p>3. A deed from the Trustees of the Internal Improvement, Fund to land included in a grant of alternate sections on each side of a railroad, issued after the survey of the route has been filed but before the road opposite the deeded land has been completed, carries title to the grantee in the deed as against the railroad company.</p>