St. Joe Paper Co. v. A.B. Taff & Sons, Inc.

447 So. 2d 1376, 1984 Fla. App. LEXIS 21380
CourtDistrict Court of Appeal of Florida
DecidedFebruary 9, 1984
DocketNo. AS-309
StatusPublished

This text of 447 So. 2d 1376 (St. Joe Paper Co. v. A.B. Taff & Sons, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Joe Paper Co. v. A.B. Taff & Sons, Inc., 447 So. 2d 1376, 1984 Fla. App. LEXIS 21380 (Fla. Ct. App. 1984).

Opinion

BOOTH, Judge.

This cause is before us on appeal from the judgment of the circuit court entered following a nonjury trial in a suit to establish the boundary between lands owned by the parties in Gadsden County. We adopt the facts and ruling of the able trial court, as stated in the final judgment, in pertinent part, as follows:

“3. The plaintiff, Taff, claims its title under a warranty deed to it, dated October 5, 1973, from the defendants, Harrell and Lambert, describing by courses and distances property recited as containing ‘924.-88 acres, more or less, and being part of Lot 59, and Lot 60, and a part of Lot 61 of McNeil’s Little River Survey of Forbes Purchase and being in Township 1 North, Range 4 West, Gadsden County, Florida.’ The courses and distances description commences at the ‘Northwest corner of Lot No. 60 of McNeil’s Little River Survey of Forbes Purchase.’ The calls successively run along the courses and distances set forth in a survey known as the ‘Shelter [1377]*1377Survey’ which is in evidence and will be referred to more particularly hereinafter. This deed was recorded October 5, 1973 in the public records of Gadsden County at OR Book 165, Page 325.

4. Defendant, St. Joe, claims its title under a warranty deed to it from Blucher Blair and wife, dated October 2, 1952, recorded October 4, 1952 in Deed Book 100, Page 299 of the Gadsden County public records. It conveys:

‘All of Sections 19 and 20, of Township 1 North, Range 4 West and also all of Section 24, Township 1 North, Range 5 West.’

5. For purposes of this case, it is assumed that the plaintiff has title to lands included in Lots 59 and 60 of McNeil’s Survey and that its south boundary coincides with the north boundary of Sections 19 and 20 of Township 1 North, Range 4 West, which are St. Joe’s lands.

6. The disputed area is some 152 acres lying between two survey lines, one known as the Flanagan line and the other the Shelter line. Plaintiffs contend the Shelter line correctly marks the south boundaries of the McNeil Lots 59 and 60, which coincide with the north boundaries of Sections 19 and 20, Township 1 North, Range 4 West. The defendants claim the Flanagan survey line is the more credible location of the line between the McNeil Little River Survey Lots 59 and 60 and the fractional Sections 20 and 29 of Township 1 North, Range 4 West.

7. The lands involved here lie within the Forbes Purchase, which are certain grants of Indian interests confirmed by the government of Spain prior to acquisition of the Floridas by the United States from Spain under the treaty of cession. These grants have been recognized by the courts as having vested the title to these lands into private interests and were not part of the public domain acquired by the U.S. Government by the cession. Mitchel et al. v. United States, 9 Pet. 711, 9 L.Ed. 283; Clark v. Cochran, Fla. 1920 [79 Fla. 788], 85 So. 250. See also: Apalachicola Land etc. Co. v. McRae, Fla.1923 [86 Fla. 393], 98 So. 505.

8.There appears to have been made during or prior to May 1824 a survey and map of what is referred to as ‘General Plan of The Little River Survey in Forbes Purchase Gadsden County, Florida.’ A map was prepared by Daniel F. McNeil on which it is recited that the map represents 28,460 acres in the territory of Florida known as the John Forbes & Co. purchase, lying on the west side of the Ochlockonee and Little River. It recites a part was originally laid off by Messrs. Brown and McBride under the direction of John McKinnon, Esq. into square tracts of 800 acres by magnetic meridians and parallels intersecting each other at right angles and was subsequently in pursuance of a writ of partition granted by the Superior Court of West Florida in November term 1823, divided by the ‘undersigned,’ i.e. McNeil and by William Cameron into tracts of 400 acres, together with the irregular tracts on rivers and boundary lines as exhibited in an attached table. The northern boundary is an irregularly run line to which certain numbered lots abut, all of which are necessarily of irregular shape. Also, the eastern boundary lies along the stream flow of Little River to its junction with the Ochlockonee River and thence downstream adjacent to the Ochlockonee until it reaches the southeast corner of Lot 77. Along the river boundaries are also plotted fractional or irregularly shaped lots. A table shown on the map gives the acreages assigned to the various irregularly shaped lots with some containing more than 400 acres and some less. The south boundaries of Lots 59 and 60 are not along natural monuments, but they are shown as a straight east and west line at right angles to the east and west boundaries of the lots. Lots 59 and 60 adjoin each other with a common boundary on the west side of Lot 59. Both lots appear to be rectangles, with a north and south depth greater than that of the east and west width.

[1378]*13789. Lands outside the Little River Survey seem to have been the subject of some government surveys with assignment of sections and townships in accord with the normal rectangular system and being tied in with other official surveys. However, it appears that such surveys accorded no recognition to the Little River Survey, but purported to project section and township lines into the area without notice of or tying into the Little River Survey lots.

10. It seems clear that a number of surveys have been made in the area, with the placing of monuments and markers, blazing of trees, painting of trees, and other indicia of lines of lot and section boundaries.

11. A long commentary could be written on the various features on the ground, which would be supportive of both the Shelfer and the Flanagan surveys. Suffice it to say that each is supported by significant markers. We do not have field notes on the McNeil Survey, and the map refers only to trees as markers on the southern boundary of Lots 59 and 60. These references are to pine trees shown as standing on the southern line. Presumably these are witness trees in existence in 1824. It is obvious that Sections 19 and 20, Township 1 North, Range 4 West are not whole sections if the McNeil Survey is given any validity. These are in fact fractional sections. It seems to be conceded that the McNeil Survey Lots 59 and 60 do lie north of and adjacent to fractional Sections 19 and 20.

12. The most significant evidence is the deposition testimony of Mr. Blucher Blair, who sold Sections 19 and 20 to St. Joe in 1952. He positively testified that he had caused his north line to be surveyed by Mr. Shelfer, that he had marked the northeast corner of Section 20 with an iron axle or other metal marker, and that he had gone along the north boundary of his lands and had cleared the line and painted trees on the line. He also had inserted an iron pipe along this line, and also set an iron or steel beam at the point on the survey, which now is the southwest corner of lands claimed by Taff. His testimony indicates that this is the line recognized by St. Joe at that time, as it installed there one of its standard St. Joe concrete markers.

13. There is also evidence that Mr. Gragg, a predecessor in the chain of title of Taff s claim, placed his marker at the point Mr. Blair and St. Joe had placed theirs at the Shelfer Survey northeast corner of Section 20. Also, there is evidence of the installation by Mr. Gragg of one strand of barbed wire along the Shelfer line.

14. The evidences to support the line claimed by St.

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Bluebook (online)
447 So. 2d 1376, 1984 Fla. App. LEXIS 21380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-joe-paper-co-v-ab-taff-sons-inc-fladistctapp-1984.