Jesse L. Williams, Plaintiff in Error v. Eunice A. Guthrie, Defendants in Error

Summary

The Supreme Court of Florida reversed the circuit court's judgment awarding possession of a dock and mesne profits, holding that a private party cannot recover in ejectment for a structure built on navigable waters where title belongs to the sovereign. The court required the plaintiff to have a present right of possession and title, and remanded with instructions to dismiss the ejectment action. Justice Brown, concurring, agreed with the result but emphasized that a riparian owner may wharf out to navigable waters unless prohibited by statute.