The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-04-29
HEA D-NOTES TO DECISIONS OF THE
SUPREME COURT OF FLORIDA.
January Term. A. ID. 1884


RANDALL, c. j.:
L. While the general rule is that an injunction
will be dissolved upon answers denying all the
equities OF the bill, yet where parties are charged
with fraud, unless the answers are full and salts
.factory, the injunction if right in the first in
stance, ought to be retained until the hearing
9. Mere denas o: fraud, or of fraudulent in
tent, without full explanation of the facts dis
closed in the bill and in a1davits filed in support
of the BILL leaves the question Of fraud unsettled
Decree dissolving injunction reversed.
s. d. Mcconnell and Hammond & Johnson
for Appellants; Ashby & Thrasher for Respond
ents
Richard Gagnet, Marshal of the City of Pensa-
cola, Plaintiff in Error, VS.. George Reese, De-
fendant in Error.
WEsTCorT, j.:
The statute of this State regulating proceed
ings upon writs of habeas corpus does not author
ize the State, any political sub vision sf The
State, or any officer of either of them. to prose-
cute Il writ of error to a judgment discharging q
prisoner from confinement. The various sections
of said statute (Chap. 3129, Laws,) considered
with reference to this subject
Writ Of error dismissed.
S. Belden, for Plaintiff in Error; s. r. NAL
lory, for Defendant in Error
Eliza Simmons and William Simmons, Appel
lants, vs.. Leonidas W. Spratt, Appellee
val County.
WEsTCoTT, j.:
/. The general rule is that If deed purport
to have been executed under power, either Of a
public or private character, or by the officer of
court under decree, and it is sought TO use the
deed in evidence, the power should be shown,
and in case of deed under decree the party
offering the deed should introduce q transcript
of the record of the decree.
2. Where, however, such deeds purporting to
be executed by executors under the powers of a
will and orders of the probate court, and by a
master in chancery under a decree In chAncery
are offered and placed in evidence without OBJ
lection in the Circuit Court it is too late to OBJ
ject in the appellate court that neither the will,
the order, nor the decree authorizing the sale or
the disposition made by deed was introduced.
3. Independent of the statute, (McClellan's
Dig, 515,) prescribing how official papers GER
tilted copies thereof may be used in evidence, the
rule is that every document of public nature,
which there would be an inconvenience in re-
moving and which the party has right to in
spect, may be proved by duly authenticated
copy The official character of the record. how
ever, must be shown. Where a paper is pro-
posed to be introduced as copy of public sur
vey by publ officer authorized to make il, it
is necessary to show something more than that
such survey purpOrted 10 have been made by
person not shown or purporting to be public
officer, was simply copied from the original found
in public Office.
f. Where the courses and distances in deed
do not cover the quantity of land called for and
are therefore uncertain as boundaries and there
are other boundaries given in the deed by ad
Joining tracts which are ascertained and suf1
ciertly established the lines will be extended TO
them where such a course is consistent with the
manifest intention of the parties Hogans vs.
Carruth 19 Fla, "a, cited and followed
s. An adverse possession of land under claim
of title of less than seven years does not bar the
right of action Of the true owner or his grantees
Where the defendant in ejectment is in actual
possession, the plaintiff cannot recover where he
fails to show legal title in himself or that he was
a prior actual occupant ousted by the defendant.
6. If the intended grantee In q deed is not
named he should be ascertained by description
so as to be distinguished from all Others. A deed
which sets apart, distributes and conveys" a lot
of land 10 the estate of Daniel W. Hart," Daniel
w. Hart being dead, does not pass the legal title
TO any one, and purchaser Of the interest OF
the devisee of Daniel w. Hart In such lot ac-
qures no legal title.
Judgment reversed and q new trial ordered.
Geo. Wheaton Deans, for Appellants; A. W.
Cockrell, for Appellee.