Trustees of Internal Imp. Fund v. Root

• Decision Date: 01 February 1910
• Citation: 59 Fla. 648,51 So. 535
• Parties: TRUSTEES OF INTERNAL IMPROVEMENT FUND et al. v. ROOT.
• Court: Florida Supreme Court

51 So. 535

59 Fla. 648

TRUSTEES OF INTERNAL IMPROVEMENT FUND et al. v. ROOT.

Florida Supreme Court

February 1, 1910

In Banc. Appeal from Circuit Court, Dade County; M. S. Jones Judge.

Bill by Charles H. Root against the Trustees of the Internal Improvement Fund and another. Demurrer to bill overruled, and defendants appeal. Affirmed.

Syllabus by the Court

SYLLABUS

The Legislature did not lose control of the lands 'irrevocably vested' in the trustees of the internal improvement fund of Florida by chapter 610, approved January 6, 1855. All the authority possessed by the Legislature before the enactment of chapter 610, Laws of Florida 1854-55 with reference to the lands 'irrevocably vested' in the trustees by that act, was possessed by the Legislature after the passage of the act, except that no vested rights could be impaired by subsequent legislation.

The powers and duties of the trustees of the internal improvement fund with reference to the lands 'irrevocably vested' in them in trust for stated purposes are subject to legislative control, when property rights of third persons are not involved.

While acting within their statutory authority, the discretion of the trustees of the internal improvement fund, when exercised in good faith and with due regard for the trusts committed to them, will not be controlled by the courts; but if the lands vested in the trustees for the purposes of the trusts are not necessary for the execution of the original public trusts that are actually being performed, and for which performance obligations have been assumed by the trustees, the legislative direction that the lands be sold in small quantities at a greatly reduced price to actual settlers should be observed by the trustees.

While the courts will not force the trustees of the internal improvement fund to perform a later trust to the neglect of an existing original trust actually being performed, where it appears that the lands are not sufficient for both trusts yet if it does not appear that the lands are insufficient for both trusts, the superior power of the Legislature to direct the disposition of the lands must be recognized and enforced by the court.

It is within the power of the Legislature to direct that the lands held by the trustees of the internal improvement fund be sold to actual settlers at reduced prices upon stated conditions and such legislative direction should be observed by the trustees, where provate rights are not thereby violated.

COUNSEL Park Trammell, Atty. Gen., for appellants.

Stewart & Bly, for appellee.

OPINION

WHITFIELD C.J.

On November 18, 1908, the appellee brought a bill in equity in the circuit court for Dade county against the trustees of the internal improvement fund of Florida and James Cordner, in which it is in brief alleged that the appellee, Charles H. Root, is over the age of 30 years and is a citizen of Dade county, Fla.; that on or about June 20, 1901, he entered upon the S.W. 1/4 of S.E. 1/4 of S.W. 1/4 of section 13, township 50 S., range 41 E., containing 80 acres, more or less, of the lands of the internal

'624. (436.) Homestead.--Any person being to the state by act of Congress of September 28, 1850; that he settled on said land, and made improvements thereon, by erecting building and cultivating more than one acre thereof; that he has since remained upon and cultivated the same; that prior to February 11, 1908, he, desiring to purchase the land, filed with the Commissioner of Agriculture his affidavit 'that he was 21 years of age and a citizen of this state, and that such purchase was for the purpose of actual settlement and cultivation, and that he had no other homestead, and that such purchase was made for his exclusive use and benefit, and not directly or indirectly for the use or benefit of any other person,' and tendered with such affidavit $20 for the 80 acres; that his offer to purchase was denied, in violation of the statutes of this state; that afterwards the trustees of the internal improvement fund illegally and without notice to complainant sold the said land to James Cordner; that complainant was and is in possession of the land, claiming it under the laws of Florida, and when the conveyance was made from the trustees to Cordner they all knew of complainant's possession and claim of the land. It is prayed that the defendants be enjoined from interfering with complainant's possession, that the deed to Cordner be canceled, and that a conveyance of the land be decreed to be made by the trustees to complainant upon the payment of 25 cents per acre for the land.

This appeal is from an order overruling a demurrer to the bill of complaint.

The sections of the General Statutes upon which the complainant bases the rights asserted by him are as follows:

'624. (436.) Homestead.--Any person being the head of a family or twenty-one years of age, and a citizen of the state, shall be entitled to purchase eighty acres or less quantity of any lands of the internal improvement fund donated to the state by the act of Congress of September 28th, 1850, for the price of twenty-five cents per acre, as provided in the two sections next following.

'625. (437.) Title, How Obtained.--The person applying for the benefit of the last preceding section shall file with the Commissioner of Agriculture his affidavit that he is the head of a family, or is twenty-one years of age, and is a citizen of this state, and that such purchase is

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