The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-03-06
ERA b-xorRs ~ oEcnssons o. Tnr
sUPREslR coUnr ~ pLo1InA.
. L. Hiekox, Appellant, vs.. B. L. Andersoa
Appellee Rscambia County.

Nxeu. L. ntckOx, Appellant, vs. Is. L. Andefsnn.
rs Appellee Escambia County
EasViALKEsBURoH,J j.:
ia II an acton for the conversion OF speci6e
Hepe1fy, II the defendant fail 10 deny, upon IA.
sand made. bis possession Of such properly. such
v4aialwiil he regarded IS an admission by hin
#sacA possession. and in the absence Of any evi-
dsnce b the contrary the Trial. Is sufficient IA
IsltaiH the action, notwithstanding . genera
6saial In the pleading.
We. When the evidence Il not cnnfictjng m.
lseiDtih having made out his case the defendant
Eningsto introduce any evidence TO controyer,
Dbl the verdict being squareIy in Opposition ~
AetheFesidence and the charge Of the court
rs;s trial will be granted.
tsudsment reversed and q new trial awarded
IL. C.Avely and W. A. Blount for appellant
y e. Jones sad g. A. Stanley. for appellee.
St;hufD Basnett, Plaintiff in Error. VS. The Civ
nc Jacksonville, Defendant in Eror-Duv.I
:;sounty.
Wtsr6DrT, j.:
y, Where section Of law is amended BIZ nm
eeKcfuaent that il shall read a. EolIows| the
Amendment desired following the sBbstntad
s'kzions becomes for all purposes in the future
tlfnafQed section of the original act and a sub
sS$len4 amendment at the same section of IN.
ofI4fnaA sct by an enactment that it shall @re,d
aE.Slosvs," the amendment desired following
oSF!ates 70 repeal all Of the section amended
Which II not embraced in the amendment,
The amendment Of the section Of the een.
erH2 act creating syatem of municipal eBsrrn-
nisat tSection %, Chap. 1888 Laval xhich
grfAts the power Ia municipal corporaiioas 10
ta19or general municipal purposes so IS 10 take
aVsy such power, destroys the power 10 levy a
tag FOR such general purposes The power and duty
10 Eevy and collect fax for the payment of the
prEAripal and interest Of the outstanding bonds
pF If
ADJ Chap. 1883 Laws. which is not repealed or
an$sad<N By subsequent legislation.
Z. Under Section 4. Chapter Isl, LAWS au-
theAtzing Judgment declaring an assessment
no1!awsln)iy made, the judgment to be entered
is sc disqualified judgment, and where . part of
th& asseesmeni is Illegal and part legal. the
seftfaf judgment Is that the assessment is not
iaw:Iliy mace. II cannot be that q part is law
fnts:odl a par, Is illegal
.EAignaent reversed
(Stckrell q Walker, for plaintiff in error John
Eats Hanridge, for defendant in error
Sarta :. Stewart, Appellant, vs. John o. Mat
/: thevss Appellee, Marion county.
RAApAll, CT:
deed Of conveyance of land IL good be-
fwe4h parties though not proved or acknowl-
edged FOE record, and though neither party Is in
pas&essioD.
ga deputy clerk signing q tar deed A. B.,
Glefk by C. H., Deputy cannot properly sign a.
an a2tes,ing witness to the execution of the deed
He simpy witnesses his own signature to the
deed
.. a decd parporting 10 convey land, executed
BY asfau4hter of = former owner now deceased
aad RtesEAte. Is etfecinai to convey her interest
y az :hesf IL sAw- though the estate Of the de-
reAssA bis nj bscn administered The title
pssssk sufieci ~ valid claims Of creditors
T. "a cqHvegaace Of The = South one-fourth Of
IF
Ia HFts%raniass ~ description
hae by viii two parsons are named a.
eIccesngs. an1 iae probate record shows that one
- tieen sxfasn3 81 qualify let:erS ies,amentAry
EnaF " lSsEs1t 20 the esher - sole executor,
md see4 exrcuted By him rs sach. parsuanl 70
! poE.r exaaialned IN The Hid, carries the title
& O. WI azilsogized the execution 20 sell NJ
DtsblhE!or private sale all my lands On Orange
LSke1.0 N<rissn county, known n The McCor-
usc x,la.kstion. Prof that ceriaiu lot was
1ecutaed, ssneed sad used by Mccormick, the
hfr,e.ssas, sn cSpneciioo wish other hand adjoin-
az. EsnR "a Grange Lake. and on which be re-
'isetSts competent 70 show whether the lot was
considered By him 10 be pari Of hin plantation
md sebtcst he inlended should be sold
LsA;cOaSeyancE by N executor under DOW
Y q vale contained in q viii. tn . purchaser for
valss be consideration. L good again<a Q for
ner E5aneee whose decd was not recorded and
: no Gas rot in pesseesisa, the purchaser having
20 sssnAI Of constructive notice OF the former
Iced U OF any claim offight underii
d Whele > cause is tried befsre practicinS
iiorsssy, p a sefeToe. who has kept complete
ecar4 pc the proceedings, including the lesiimo-
y, hS siisngss exceptions thereto duly atfessed.
lied lssth stls pseaaiings sud papers in the case
be snSse Sin be considered on appeal a. . bill Of
xcepsH,ns
JqdGsnept reversed ami uew trial ordered.
W. W. Hamp;on and John G. Rearaon. for sd
'ei!sr& 81 n, Mcconnell. for appellee.