The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-11-28

Building Association VS.. John Price and Miles
Price, 18th Fla, 204, referred TO and approved.
2 A general charge of fraud alleged to con-
sist of acts omitted and acts committed, such
acts NOT being stated. is bad upon demurrer. The
plea should set up in issuable from the acts COM
mitted and the acts omitted
8. Upon the hearing of a second appeal by
parties plaintiff and defendants, matter not
brought up by The first appeal. and which was
not the subject oi review upon that appeal may,
upon the second appeal, be assigned rs error in
case where the judgment upon the first appeal
was general reversal Of the judgment award
ing new trial. .s li@1f 5A
4 There Is an examination OF Witnesses, one
oil them being Of counsel for the sureties upon
the bond Of the treasurer nf private corpora
ton, the suit being by the corporation against
such sureties. From the testimony of such wit
ness and from the preceding record in the case it
is apparent that the word deficit " Is used by
all the parties as indicating the difference between
.colleciions " and disbursements" as shown
by the books of the treasurer Held, That the
term defici, used in an agreement made at
this stage of the trial must be given the same
Specification, and the finding Of refereee based
upon different construction is erroneous.
8. Sureties upon such bond are not responsible
for misapprupriations or misapplicaiions of
money made anterior 10 date OF the bond unless
made so in terms clearly involving such liability
Where, however. the evidence shows simply that
collections and disbursements amounted to a
certain sum, the presumption is that the money
was then in the hands of the officer, the surety
is responsible, and to rebut this presumption must
show antecedent misapplication.
3. Where there is an appeal by each party
from an entire judgment, and not from judg-
ment for different things separabe In their ma
ture and separated in the Judgment of record,
and the action of the court and referee is found
to he correct as to the errors assigned upon the
one appeal, but incorrect as t0 matters involved
in the other, The judgment 10 be rendered here 10
one Of general reversal awarding new trial.
Judgment reversed and new trial awarded.
Fleming & Daniel, for The Mutual Loan and
Building Association; C. p. and J. G. Cooper,
for Price and Price
John r. Hogsns, ct. al, Appellants, VS.. George
r. Carru,h. Appelee.-Duval county.
WEsrcoTT j.:
1. A plaintiff in ejeciment cannot recover as
against one having possession without title by
proving title in third person.
,. Right to possession is an incident to legal
title and is good against IL naked possession un-
accompanied by claim Of title.
3. A defendant in possession will defeat a re-
covery by plaintiff by showing title in another
person.
Where the courses and distances in a deed
do not cover the quantity of land called for and
therefore uncertain rs boundaries, and there
are other boundaries given in the deed by ad-
Joining tracts which are ascrrtaned and suffi-
ciehty established. the lines will he extended to
them where sGch course il consistent with the
manifest intention Of the parties.
D. If, as to an ancient deed coming from the
possession of the heirs of the grantee ii appears
that the names of one or more of the grantors
who could not write, is in the handwriting of a
person then present, and not "a party to the deed
in fhn Of IF
the presumption is thft the signatures were made
in the presence of the parties by virtue of an
oral direction from them IN which event the sig
natures are those ofthe parties as principals.
6. Proof OF the handwriting of witnesses to an
ancient deed, they being dead, the deed coming
from the heirs OF the grantee, and having been
spread upon the county records in regular order
and in due form is sufficient proof of execution
and delivery.
T. Under our statute the atcstation of a deed
in the words: "Bargaine,i, sold, transferred
and acknowledged in presents of u.s." where the
lsiifcandum clause is: I'm witness whereof
the said parties of the first part have herennto
set their hands and seals, the dry and year first
above written" other facts showing delivery
being established, is sufficient.
8. The maxims "dniaus ad sc Omne Duct
and mula grammatical non eittat ehartam" ap-
Piled
judgment affirmed
c. l.. Robinson Z. p. 6 !. c. Cooper, tor Ap-
pellants; Cockrell & Walker, for Appellee.
The State er rel. Thomas c. Lanier ct al Rela
tors, VS.. The County Commissioners of Sumter
County, espoudents-Mandamus.
RANDALL, c. j.:
1. The act approved February Cd, 1869, Chap
ter 1907 repeating the fourth, fifth, sixth and
seventh sections of an act to provide for the
publication OF the laws, and of official and legal
Triv md
vivng laws in force prior to the passage OF the
last named act, is constitutional.
g At the time of ordering and holding an
election in Sumter county, in 1869, to choose a
county site, there was no law in force requiring
publication Of notice of the election in news
paper. Notice given by posting written notices
of the time and purposes of the election in vari
Gus public places in the county, so that the vot
ers could have opportunity to know thereof is
deemed sufficient public notice.
8 An order made at Chambers, upon bill in
equity, requiring the county officers TO remove
the records OF the county from Sumtervile to
Leesburg, in Sumter county, mentioning Lees
burg as the county site, no notice of application
for such order or opportunity to be heard in the
matter having been given to the parties affected
is not final determination of rights, and does
not adjudicate upon the proper location of the
county site.
4 The act of January 2Sth, 1869, (Chapter
1,695,) providing that the county site of county
may be locoted by vote of majority of legal
voters voting upon the question, is valid act,
not in conflict with Section 16, Article XVI. Of
the Constitution The latter provision applies
to election for choosing officers and does not in
clude elections" held to ascertain the wishes of
The people in locating county seats.
Reators' demurrer overruled
j. H. Goss, Taylor & Sanchez, for Realtors:
Hooker Mabry, Cockrell & Walker, for
Respondents.
Industrial South: The Southern man