The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-11-28
HEAD-N0TES OF DECISIONS
SUPREME COURT OF FLORIDA.
Jame Term. A. u. lss2.

Theodore T. Edgerton, Plaintiff in Error, We.
The Mayor and Alderman of the Town OF
Green Cove Springs, Defendants in Error
Putnam county, transferred from Clay.
WEsTcoTT, j.:
l. Section IL. Chapter 1868 Of the laws of
this State, as amended by Section 2, Chapter g.
ORA, which authorizes municipal corpora tons to
extend and open streets, and make to the parties
injured thereby such reasonable compensation
and charge those benefited reasonable assess
ments for benefits accruiDg to their property is
constitutional
g. A municipal corporation may, in conformity
to the provisions Of such statute appropriate pri-
vate property to use as a street. making just COM
pensaton to the owner therefor and the owner
cannot object upon tender of such cOmpensa-
ton on the ground that the money was the
amount or part of the amount taxed as benefit
to other neghboring proprietors
Judgment affirmed.
Cockrell & Walker. for Plaintiff in Error !;
Fleming & Daniel, for Defendants in Error
William A. Mclean, Appellant, vs. Leonidas
W. Spratt, Appellee.-Duval County.
WEsrcorT, j.:
1. Upon sale Of real estate at auction the
agent of the vendor announces that the pur-
chaser upon the payment of $500 cash shall be
entitled 10 possession and future rents from
date stated. The purchaser pays the $500, the
agent gives him a list of the tenants, and the
purchaser treats with one of the tenants upon
the basis of the relation of tenant from month 10
month to him as landlord, such agent acaui-
escipg by his silence and presence in the existence
of such relation. Held, That the creation of
such relation of tenant from month to month in
the manner stated is legal. not in conflict with
the statute OF frauds, and that in order TO consti-
tute an unlawful detention Of possession Of such
property under the statr'e regulating the subject
81 In Ia. ll.~p1 IL.
fOrmable to the terms or to the law of the con-
tract OF tenancy or a holding over after legal de-
mand of the payment of rent due.
Q. A simple demand OF possession is not no.
tice to quit, nor do the facts that the tenant
failed 10 pay the rent but admitted his response
bility for II and promised TO pay it, constitute
such legal demand as Is necessary TO establish
an unlawful detainer under the statute
Judgment reversed and new trial awarded.
Meek q Deans, for Appellant; Cockrcl &
Walker, for Appellee.
Urban G. Herndon, Appellant VS. William
Hurter and Sherman Conani, partners, as Will
county.
WEsTCo1-r, j.:
Where first mortagee after bill filed, decree
Of foreclosure and payment Of the mortgage
debt, continues his suit fraudnlenily obtains the
appointment Of receiver and resists The claim
Of a second mortgage for the payment of JUS,
debt out OF the mortgaged property thus frandu.
leutiy protracting the litigation and continuing
the receivership, he 10 properly chargeable with
the costs Of the receivership.
Orders reversed
ID. c. Dawkins and r B. Archibald, for Appel
liant; Cockrell & Walker. for Appellecs.
The Mutual Loan and Building Association, APP
pellants, Va Miles and John Price, Appellees,
and Miles and John Price, Appellants, vs. The
Mutual Loan and Building Association, APP
pellees- -DuvAl county.
WEsrcoTT, T.:
4 Hureties upon The bond of de treasurer II
private corporation ase not DISCHARGED ~ the
neelecl III the olicos cf he corpornti0n % have,
~ prescribed by tbe ccuStifntioM and by-laMs ol
the cofpQfatiOn, lneljons ~ III h0oks 81 the
olncer. MeTc lac6es, 0lAccOnlpan ~ llapd, n
no ground of d16ehar6a Mulual Iea4 end