The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-10-16
Restraining City From In
terfering With Water
Front Property.
BILL OF COMPLAINT
Goes Into Ownership Dues
ton in Detail.
STATED UPON RELIABLE AU-
THORlTY THAT OTHER SUITS
WILL BE INSTITUTED WITHOUT
DELAY-clTY MAKING PREPA-
RATIoNS TO FIGHT THE CASES
TO A FINISH.

OF Pensacola were restrained yester-
day afternoon by Court Commission
er COston from interfering with Mrs.
Barbara Pape in the possession and
occupancy of property along the east
ern waterfront, the court commission
er granting an injunction in the af-
ternoon after hearing the arguments
Of attorneys.
This is some of the property that
has been in question during the past
few days, and which the city prevent
and any rebuilding upon, the mayor
with the street force removing fences
and portions of buildings which had
been erected, and warning the former
occupants that if further attempts
were made at rebuilding they would
be arrested.
Yesterday Avery &c Avery, counsel
for Mrs. Pape, filed a complaint IN
the circuit court. and at the same
time petftiOned that writ of injunc-
ton issue restraining the city from
further interfering with the petition
er in the possession of the property.
Court Commissioner Coston heard the
arguments Of the attorneys in the Of
ternoon. commencing at 3 o'clock.
| City Attorney Jones represented the
city in the litigation, and Avery &
Avery appeared for the complainant
After hearing the arguments, the
court commissioner granted a tenn
porary restraining order, which pre-
vents the city from interfering fur
ther until it can substantiate its claim
to the property in question.
Petition of Complainant.
The petition of the complainant,
setting forth the facts in the case. IS
as follows:
To the Honorable Frances B. Carter,
judge of the circuit court of Escam-
bia county, state of Florida, In
chancery sitting:
Barbara Pape and F. ". Pape, her
husband, both of whom are over 81
years of age of the city of Pensacola.
! in said state and county, bring this
their bill of complaint against Charles
H. Bliss, over 81 years of age, of said
city of Pensacola, and The City of
Pensacola, a municipal corporation OF
the state of Florida:
And thereupon your orator and ora
trix complain and say:
l. That. your oratriX, Barbara
Pape, is the owner, in fee simple, Of
the west twelve Oh feet of lots
eleven 11) and twenty-seven (27J
and all of lots ten (1O) and twenty
six (26) and the east 10) feet of
lot nine 90. and the east ten (10)
feet of the north forty (40) feet OF
lot twenty-five (25). all n block num-
Der one hundred and forty-nine (149,)
in accordance with the plan of the
water front of the city of Pensacola,
all of which Is above high water
mark of the bay of Pensacola. That
the said property was acquired by
your oratrix, Barbara Pape. by deed
of conveyance made to her on the
4th day of March, 1905, by Herman
Krone and Clara Krone, his wife, thai
the said Herman Krone acquired the
said property by fee simple convey
ance from William Fisher, in the year
1898, and that the said William Fish
er. prior to the said year 1898, &C.
quired the said property from one
Jesse Tally; that. at the time of the
purchase OF the said property by the
said William Fisher. the said Jesse
Tally had the same under enclosure
and a residence thereon, and had and
maintained such enclosure and resi-
dence for the period OF more than
/ ten 10) years; that, after the said
William Fisher acquired the said
property, as aforesaid, from the said
Jesse Tally, he kept up the said en-
closure and the building constituting
the said residence until he conveyed
| the same as aforesaid. in the month
of March, 1905 to the said Herman
Krone, and the said Herman Krone,
after he acquired the said property,
kept up and maintained the SAID
| fences and building thereon until he
conveyed the same. as aforesaid, to
the complainant, Barbara Pape, who
kept ND and maintained the said
fences and residence thereon until
the night Of the Goth Of September,
! A. d. 1906. when the same were de-
stroyed by a hurricane;
2. That, during the whole time
that the said property was under en-
closure and occupied by residence,
as aforesaid, by the above named
parties, each Of the said parties claim
ed the same continuously, asserting
title therto adversely to all the world,
and their title was not questioned by
any person whatsoever;
3. That the said Jesse Tally &C
CURED the said property by a fee
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