The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-05-13


Q The writ of mandamus does not confer
mower upon officers TO whom 1t may DC III
rected. ,.,. r;t NJ
mandamus shows only a partial exhaustion ny
respondents of the power OF taxation LOT 'nu
wear pending its issue. as 10 such year tney VIII
be required to levy only to the amount 70 wno -
.na ndwar ia shown moi to be exhausted. But II
this nroves insufficient to pay the REALTORS claim,
whether the respondents will be compelled 10
make additional levies, not beyond their power,
IN subsequent wears, until the whole claim Is
paid-qusre?
Peremptory writ awarded.
John A. Henderson, T. l.. Clarke, Ior neia.o,
Hartridge & Young, Call s. Jones. for kespon-
dents.
BENJAMIN 8. Liddon, ct al, Plaintiffs in Error
vs. Hartwell Hodnett Defendant IN Erior
Jackson County.
RANEY, j.:
/. The improper joinder of two causes OF ac
ton in a complaint under the forcible entry ana
detainer act is not ground for motoh to us
miss the action, but should be reached ny 'h7,'on
recurring the plaintiff to amend his compialn'
by striking out one or the other OF such causes
of action. .
Q. Surplusage of allegation not amounting 10
a statement Of distinct cause OF acton, does
not constitute duplicity
3. A proceeding to recover against forciole
entry" and one to recover against an unlawful
detainer" cannot be joined in one complaint
under the fOrcble entry and detalner statu'e'
Judgment reversed. -,
Liddon & Carter. Tor Plaintiffs in Error; John
W. Malone, for Defendant in Error
Harris Berlack, Appellant, VS.. Philip Halle ct
ux, Architectural county.
RANEY, j.:
A mortgage is a specific lien on the land II
covers and failure To comply with its condi-
tons does not dvest the mOrtgagor OF the legal
title, nor vest it in the mortgage.
2. The owner of the legal title OF land GOV
cred by NOR gage is a necessary purity To u SUI
| 10 forecl0sc the mortgage, and neither such
owner nor the legal title is affected by decree
and sale in a suit to which he is not party
g. A mortgage will not sustain a recOyeryin
an action of ejectmcnt against the holder OF the
legal title, nor will deed of conveyance made
| by a master under decree in a suit to which
| the person owning the legal title at the insitu-
ton of the suit was not IL party.
4. ln an action of ejectment brought by one
| claiming under purchase made at foreclosure
| sale in suit to which the person owning the
| legal title at the institution of such snit was not
IA party, (such owner of the legal title having
acquired title from the mOrtgagor), against
another in possession claiming under one hold
| ing title from such grantee OF the mOrtghgor,
| Tie uCCu anu proceedings Ill lHc lOTcClOSuIc suit
are Of no effect showing title in the plaintiff
as against the party in possession or the owner o
| the legal title.
| 5. Where objection is made to the introduc
ton in evidence of Decree on the ground thai
the jurisdictional proceedings are not shown
and it is Overrulcd the error of overriding such
objection will be cured by the subsequent nitro
duction OF such proceedings by the party object
| ing.
Judgment reversed and new trial granted
NJ. G. Jordan and A. w Cockrcll & Son, fol
Appellant; Randall, Walkers & Foster, for APP
pellees.
O. V. Gates, Appellant, VS.. Emeine S. Hayne
ct al, Appellees-Orange county.
RANEY, j.:
1. An appeal does not lie in a common law ac
ton, except from final judgment properly Ell
| tered.
2. A final judgment disposes OF the action, an,
not merely OF points raised in it,
3. An entry, upon demurrer TO declaration
of demurrer sustained" does not dispose of the
action, and is not final judgment
A. \ bill of exceptions is not n cessary to thu
review OF errors apparent upon the record.
D. Where the transcript on appeal in a com
mon law case does not show an entry of a fna
| Judgment in the action, the appeal will be dis
missed by the appellate court of its own motion
Appeal dismissed.
Hammond Il johnson, for Appellant; Alex
| ST. Clair Abrams for Anpelees