The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-07-16
EAD-NOTEs TO DECISIONS or ruR
SOFMHME COURT OF FLORIDA.


The City of Pensacola. Appellant, vs.. WIN. T.
Bell Appellee Escambia county.
RANEY, j.:
petition filed under Section 4, of CHAPTER
l5l. Laws at Florida, tn have q tax assessment,
declared illegal, must show that the illegalitv
exists at the time it is filed Where it shows
that an alleged iegality has been corrected, it
is demurrabe
Decree reversed
}. D. Thompson for Appellant W. A. Blount
Tor Appellee.
j. N. Richardson, Appellant, vs.. J. H. Gilbert,
- ct al, Appellees-Jackson county.
RANEY, J.:
bill to reach assets of judgment debtor
winch are not subject to levy under an execu
tlon Al law, brought by one not a party to the
judgment. must show the complanants title to
or ownership Of the Judgments An allegation of
ownership OF the execution issued thereon W hich
has been returned unsatisfed is not sufficient
Decree reversed
Francis B. Carter, for Appellant j. F. Nc
Clellan, for Appcllees.
Mary S .Benner, ct al, Appellants vs. d. R. Ken
dnll, ct al, Appellees-Brevard county.
MCN HORTER, G. j.:
J. To enlitlc party Ia relief on n bill in equity
hlcd ny him TO enjOin sale of property claimed
Ivy htm which it the sale occurred would be a
cloud on his title he must show title in himself
Ii he tails TO do So he cannot be injured by such
u sale
:. When tho cloud proposed To be removed by
lhe bill, would not it an action Of eiectment was
brought upon il against the true err be suffi-
Gent to cause said owner TO be put TO proof of
us lhcrnclchcy, and WAS not apparently good
'ltie, no clnud exists and the interference of a
court OF equity cannot be invoked
Klney, D., dissenting as TO the rule announced
III The I'd head-nOte, under Chapter 3439. Laws
Of , Fi"rlda NanNalkenburgh, j., absent
Bill dismissed
G, W Deans and X. b. Archibald for Appel
lants {. p and J. G. Cooper, for Appellees.
''crnanla Fire Insurance Company, Appellants,
vs.. Phlneas Stone, Appellee - Escambia
county.
RANEY j.
l.; Cndcr the statute permitting party to a
clvll action to testify in his own behalf it is
competent for him, where the question is
whether or not he did certain &C, with fraud
uieh' intent, t" testify as to his intention, and
I" state whether or not he, at the time of acting.
cohsi'itrrd that he had the right to do The act.
ouch testimony, owever, is not conclusive upon
the jury.
: Where the question of fraudulent intent is
one OF TACT II Is peculiarly the province of a Jury
10 decide IT. and Il verdict will he disturbed, by
an appellate court, rs contrary to the evidence
WIN great hesitation, after motion for new
Uia has been overruied min p7ius, there being
testimony 10 sustain he verdict
s. A paper neither written nor signed by the
party against whom il is sought to be used in
evidence, and whose contents have not been ac-
kho" lodged by him 10 be correct statement of
what 1t pnrpoiis to set forth is not admissible
as per NJ evidence of its contents as against such
party.
Judgment affirmed
) r. Mallory, for appellants; w A. Blount
tor appellee
Special to the Times MON
LIVE OAK, FLA, July I'D. f. Dempsey,
VII" was Shol Saturday morning at Bradford by
K J. Bgrlpw, died last night. Bigelow is in
jul here, and it is understood the preliminary
uIll @lll take place tomorrow A. l.. w