Tallahassee Investments Corp. v. Andrews, H--28
| Decision Date | 14 April 1966 |
| Docket Number | No. H--28,H--28 |
| Citation | 185 So.2d 705 |
| Parties | TALLAHASSEE INVESTMENTS CORPORATION, a Florida corporation, Appellant, v. S. F. ANDREWS, Willie Darity, Sr., James W. Andrews and Oliver O. Russell, Appellees. |
| Court | Florida District Court of Appeals |
Truett & Watkins, Tallahassee, for appellant.
Shuler & Shuler, Apalachicola, for appellees.
This is an appeal from a final decree and an order on petition for clarification of the final decree, both of which were adverse to the plaintiff's desires. Hence this appeal.
In 1930, the then owner of certain real property in Franklin County, Florida, had said property subdivided and a plat thereof filed called McKissack Beach, which plat showed certain streets and avenues by number and/or name. Shown on the plat north of portion platted into streets and lots is an area which appears to be almost as large, if not larger, than the portion platted into lots and on which about the center thereof appears the words 'picnic grounds.' South of the portion platted into streets, is another area which appears from the plat to extend from the south platted lot boundaries to the Gulf of Mexico and on which portion of the plat, at two points thereon, appear the word 'Beach'.
The original dedicatory certificate attached to and made a part of the recorded plat of McKissack Beach, contains this language:
'And the said W. C. McKissak (sic) and M. L. McKissack do hereby grant and dedicate to the perpetual public use of the owners of lots in said McKissak (sic) Beach subdivision for the purpose of public highways and parks all streets, avenues, boulevards, parks and driveways shown on this map or plat as a part of said subdivision, reserving unto themselves their heirs and legal representatives and assigns the reversion or reversions of the same when the use thereof as public highways and places shall be abandoned by the public or discontinued by law.'
From a reading of the above certificate, it appears that no dedication was made as to the picnic grounds nor Beach areas. Further the dedication was made a conditional one as to the streets by use of the language 'reserving unto themselves their heirs and legal representatives and Assigns the reversion or reversions of the same when the use thereof as public highways and places shall be abandoned by the public or discontinued by law.'
It appears from the record before us that the McKissacks conveyed the portion of the plat in dispute, to the Trustees of Carrabelle Holiness Camp Ground and their sucessors in 1945, such conveyance being by metes and bounds although referring to certain points on the plat as identification markers only. The parties to this cause of action are each a successor in title from the Trustees, aforesaid. The Trustees conveyed to plaintiff's immediate predecessor in title the land claimed by the plaintiff, by warranty deed dated January 7, 1955, wherein the land was described by metes and bounds and the only mention of the plat was for identification of starting points or certain boundaries. Also, this deed excluded the lands...
To continue reading
Request your trial
-
Miami–dade County v. Thomas
...Inc. v. S. Ga. Dairy Co-op., 251 So.2d 690 (Fla. 1st DCA 1971). Even more instructive is the case of Tallahassee Investments Corp. v. Andrews, 185 So.2d 705 (Fla. 1st DCA 1966), which holds that where a deed of conveyance contains no reference or reservation of an easement for streets, a be......
-
Miami-Dade Cnty. v. Torbert
...Inc. v. S. Ga. Dairy Co-op, 251 So. 2d 690 (Fla. 1st DCA 1971). Even more instructive is the case of Tallahassee Investments Corp. v. Andrews, 185 So. 2d 705 (Fla. 1st DCA 1966), which holds that where a deed of conveyance contains no reference or reservation of an easement for streets, a b......