The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-01-08
HEA D-NOTES TO DECISIONS OF .TRE
SUPREME COURT or FLORERA.
June Term. a. II. 1883.

Elizabeh A. Brokaw, Appellant, Us. Alexapder Nc
Dougall. Eliza Brokaw Il a., minors, lVs.i Re
spondcnts-Leon county.
RANDALL, c. j.:
/. When a hin filed by heirs AT Jaw alain{ "a
widow for PARTITION OF land contains All Alternative
prayer that the widow be required L. -i' .:Wt .lef
she will " take dover or a homestead" d.snaftcr
that the bill does not state authorizing stic.
relief ought not to be allowed iflhe nadia hy the
bib snstlius any material pray cr Tor rDltf.
,. widow, not an heir OF her husband, a3d rAo
has elected TO take dover, cannot c,;lm 4, home
stead in the lands of her husband uEder the i.upe
stead clauses of the Constitution. Her r3gat is
that OF dover only, which i not affected w the
homestead provisions.
The homestead of a tesat0r residing in This
State, who dies leaving wife md ,.'ldr,5 IS not
The subject of testamentary Disposition SIZE prop
erty remains as though no will had b~"n n@Ae, shd
descends to the heirs subject the right ii dew
4. A report Of commissioners allouins; dev%er
which by mistake sets apart To one of thf parties
land not embraced in the bill, should be 5et aside
and recommitted for correction and PROJECT al'ot
ment
5. Commissioners in partition report tAst they
have allotted 10 the widow the hous huil>Nna@ and
improvements with ten acres, and to the t1o iii: i'd
rem OF decedent fifty or sixty tlcn, lwtbout
buildings and that III their Judgment the de- sion Is
equal equitable and fair, but make Estimate
OF value or productiveness. On motion 80 Get aside
the report, afidavts of two citizens were died in
support exceptions so the report who asrce that
the value OF the share allotted to the widow is six
thousand dollars, and that of each chid bon; six
hundred dollars and no other testimony so value
before the court Held That 1,frs1a ff.a such
division is mautestly unjust to the childrrH!. sui
decree setting aside the report will not be dturied
g. When commissioners in partition take issti-
mony for the purpos of ascertaiuina the aalne Uf
property to be divided they should return isit aaile
10 the court so that the court may dcterna5e a. 10
the correctness of their report. And WHICH, txsti-
mony is TO be taken the parties should have Notice
they may be present, by themselves agents,
it being judicial investigation affecting thett later
csts.
DEGREES affirmed
K T. Hilton, for Appellant John A. iIelsa..rson,
for Appellecs.
Andrew j. Coffee, Plaintiff in Error, VS.. Jaaaes NJ.
GrooVer ri az, Defendants in Error :. dtf-on
nty-transfcrred from Madison. !.
RANDALL, c. j.:
l. A former adjudication of the cause II tipn is
not proper ground OF a motion 10 disn-r. out is
matter of defence.
In ,j~ctia,nt all matters of legal det,elr tex
~epiin- special cniai- of session aud deta;. OF
adverse claim un'irF The Statute, may b.. assc,l "a
tvienc" under the plea III not guilty Spcci.! l.i-as
should uc struck out Judgment sustaining a de-
mnrrcr in sueh pleas will not preclude f'rni NJ the
Trial "i The faces pleaded.
>. Grants of Ind 10y government q, :cefn q!
parts utcd territory in lis possession ~. valid
against the STATE which may hc ultimately r.SI.d TO
have The right, ma the rights IF he inha tsnis
property acquired i'll good faith from the .,c r.nfu
government, are respected (Re-aiiirninS Gris','r
Coffee, IL Fla, Gil
+. When doubtful or dis puted BOUNDARY IS sHt-
tied 10y agreement between States and duly rstilicd
such agreement does not operate retrospeciigtty
rs to disturb titles to property.
,. When Il decd does not loca'e the land Described
~ being in a given county State oral testimony
is competent u identify the premises a, tealibn
aud boundaries.
&. \ certified copy Of viii as " q true coiy irom
the records OF this Office without any Iseirion
that the Will had been duly proved or admitted TO
probate and containing no copy of the Or. s,ate or
record of the proper tribunal is not legal evdencc
Z. When jury brought into court 4 veydi,i ia
tjectment, in favor of the plaintiffs - neraiiy and
the record the court instructed them To brEsg N u
verdict in the form required by law, and iirect, d
thai proper iurm be prepared, which heiita doRe
the jury retired and brought in their verdict IN legal
forin signed bN their foreman, upon whcE judy
nent l. entered there Is no error III the PROSECUTING
A jury may vary or correct a verdict before they
are discharged and before il is recorded anda form
OF verdict prepared under the direction Of tho '.s
assented To 10y the jury, is sufficient.
suit i'll cjcctment is brought by scvea plah
ths, brothers and sisters, and oi them tefoEe
trial dies unmarried and no executor Or admins
traitor is appointed, the remaining o-paiutiis aIid
her mother being her heirs law inhel,ing equally
her undivided neseyenth of the land. The taothcr
inheritlng oneseveth of the share OF the decsase7
to-wit: one forty ninth, and she not being party
plaintiff the right of action for such mothers shatv
does not survive to the six brothers md Sisters:
but the right of action for the entire residue Of The
land, to-wt forty-eight forty nnths, does &ETNiue
To the remaining plaintiffs, under the laws Of thts
State and the rules OF the Circuit Court (xcCies
Ian rs Dig, S29, Sec. 70 &. &. Rules, 81
Judgment affirmed
A. Paterson, T. l.. Clarke, for Pnintf in Grrt,I:;
5. Pasco, G. W. Stevens, for Defendants in Ereor.