371 F2d 1018 Anglers Park Corporation v. A Hadden M

371 F.2d 1018

Edwin A. HADDEN and Lavonne M. Hadden et al., Appellees.

No. 23389.

United States Court of Appeals Fifth Circuit.

February 14, 1967.

Appeal from the United States District Court for the Middle District of Florida; George C. Young, Judge.

George Clark Smith, Miami, Fla., for appellant.

No appearance for appellees.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.


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In this condemnation proceeding the District Court found that the appellees, the owners of all of the privately owned land bordering an area designated as "Mermaid Lake" (Tract 5091) on a plat filed by appellant, were entitled to all of the proceeds from the lake tract to the exclusion of appellant and made an award and distribution order accordingly.


We find no merit to the contention of appellant that the appellees should be required to litigate the question here presented in the state courts. We agree with the findings of the District Court that it was the appellant's intention, in conveying the lots adjoining Mermaid Lake to convey all of the lands in Tract 5091, and the appellants are estopped to deny it. Murrell v. United States, 5 Cir., 1959, 269 F.2d 458; 4 Fla.Jur. — Boundaries, Sec. 7.

The judgment is