DOYLE E. CARLTON, ET AL., AS AN CONSTITUTING THE TRUSTEES INTERNAL IMPROVEMENT FUND, PLAINTIFFS IN ERROR,
v.
S. C. RAULERSON, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment in an ejectment action, finding that the weight of the evidence indicated the disputed land was part of Lake Okeechobee before drainage operations lowered its water level. This reclassification impacts how the land's disposition is governed.
Yes, the weight of the evidence suggests the land was part of Lake Okeechobee before drainage. Therefore, its disposition is governed by Chapter 7861, Acts of 1919.
“Upon due consideration it is considered by the Court that there is error in the judgment in that the weight of the evidence tends to show that the lomos in quoconstituted a part of the land covered by the waters of Lake Okeechobee, a navigable lake, before the level of the lake was so lowered by drainage operations as to leave thq lands in question uncovered by the waters of the lake, making the disposition of the land subject to the provisions of Chapter 7861, Acts of 1919, and not to Chapter 610, Act of January 6, 1855.”
This quote explains the court's reasoning for reversing the lower court's judgment, highlighting the critical factual finding about the land's status relative to Lake Okeechobee and the applicable law.
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Join FLexlaw to unlock all legal intelligenceThe Trustees of the Internal Improvement Fund sued S. C. Raulerson in an ejectment action. The disputed land was allegedly left uncovered by the water…
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— This writ of error is to a judgment for the defendant in an action of ejectment brought by the Trustees of the Internal Improvement Fund against S. C. Raulerson. Upon due consideration it is considered by the Court that there is error in the judgment in that the weight of the evidence tends to show that the lomos in quoconstituted a part of the land covered by the waters of Lake Okeechobee, a navigable lake, before the level of the lake was so lowered by drainage operations as to leave thq lands in question uncovered by the waters of the lake, making the disposition of the land subject to the provisions of Chapter 7861, Acts of 1919, and not to Chapter 610, Act of January 6, 1855.
It is therefore ordered and adjudged by the Court that the judgment is reversed and the cause remanded for new trial.
Whitfield, P. J., and Strum and Buford. J. J., concur.
Terrell, C. J., and Ellis, J., concur in the opinion and judgment.
Brown, J., dissents.
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