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TRUSTEES OF INTERNAL IMPROVE. TRUST FUND v. LORD

No. 5989.

189 So.2d 534 (1966)

TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND of the State of Florida, Appellants, v. William W. LORD, Walter Van B. Roberts, Thomas C. Roberts and Richard B. Roberts et al., Appellees.

District Court of Appeal of Florida. Second District.

August 19, 1966.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and J. Kenneth Ballinger, Asst. Atty. Gen., Tallahassee, for appellants.

Wofford H. Stidham, of Holland, Bevis, Smith, Kibler & Hall, Bartow, for appellee Lord.

Dewey A. Dye, Jr., of Dye, Dye, Smith & Cleary, Bradenton, for appellees Roberts, et al.

KISSINGER, CLYDE M., Associate Judge.

This is a timely appeal from a summary judgment entered in favor of the plaintiff in his suit to quiet title.

The pertinent portion of the complaint alleged:

"7. Land formed by accretion is the property of the owners of the upland property to which or against which said accretion attaches or forms. Said ownership is paramount to the ownership of any underwater or submerged land over which said accretion might...

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