The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-11-07

IDA.
though actually transcribed upon the pub
lie recorda. ia not recorded" within the
Illegal occupation of that word, where there
has been no proper proof OF its execution.
as required by law, authorizing record
thereof
5. Said Chapter 1886, laws Of 1872, re-
lquires the deeds Hereunder made by the
commissioner of lands and immigration to
be witnessed by two subscribing witnesses.
ANY such deed not 50 witnessed is prop
erly excluded from evidence, except for lis
value as color of title upon which to predi-
cate an adversary possession.
6. Under the statute in this state limit
ing the time within which possessory &C
tons shall be brought for the recovery OF
land an adverse possession, in any case, to
bar person having the legal title, must be
continuous and uninterrupted Tor the en-
tire period of seven years.
Z. An illegitimate child, under the stat
ute here, inherits property through the
mother the same as though such child were
le Ultimate.
g. Instructonsn accuse must be predica-
ted upon some testimony adduced at the
L
otherwise they are abstract propositions,
and there is no error in refusal TO give
| them, no matter how correctly stated the
propositions therein may be.
g. The operation Of the 9th Article of
the Treaty of February 22nd, 1919, between
the United States and Spain, for the ces-
sion of the Floridas, was 10 confirm as
grants or purchases in present. all grants
or purchases made of lands in Florida by
or of the Sp nish government anterior to
the date fixed in sal treaty, without fur
Their action on the part 1.-THE United States
through its congress- MCGEE v. Alba, 8
Fla, 382, and Magruder and Logan v. Roe,
10 Fla, 602, cited and approved.
10. Where the plaintiffs in an action of
eiectment predicate their claim to the land
IN dispute upon their inheritance thereof
as heirs at law of the original and last
grantee thereof, and when prima facie
case of their relationship to the original
grantee is established by proper proof, the
onus ,ro6dndi is thrown upon the defend
ant to disprOve their identity as such heirs;
and if the defense shall fail in this, the fact
of their idntity must be held to have been
establish d.
judgment affirmed
T. A. & B. B MacDonell, for plaintiffs
in error; G. NJ. Cooper, for defendants in
error.
H. ]. Long ct Tx, Appellants, vs.. NJ
Emma Herrick, Appellee - Volusia
county.
RANEY, G. j.:
Where the appellant fails to file in the
Supreme court, within the time required
by law, transcript of the proceedings of
the lower court subsequent to decree of
the former court in the cause, there being
a stipulation that the transcript on the
former appeal shall be used for all pur-
poses necessary to the second, and good
cause for the laches is not shown, the ap-
peal will be dismissed on motion of the
appellee, and damages be allowed as for
an appeal 'aken merely for delay.
Motion to dismiss granted and damages
allowed.
A. NJ. Thrasher and Fred T. Myers for
motion; John w. Price, contra.
The State of Florsda ex rel, The Board of
| Public Instruction of Volusia County
| APPELLANTS. The County Commissioners !
of Volusa County, Appellees. Volusia
| county.
RANEY, @. j.:
| /. The 14th paragraph of section 20 of |
the school law of June 8, 1889, (Chapter |
1872 of the statutes) which provides that
The county school boards shall prepare
ltemized estimates of the amount of money
required for the maintenance Of the |
necessary common schools and state the |
amour, in mills OH the dollar Of the |
taxable properly. and the tax levy aci OF
June 1891, (Ch pier 40l2> .rnv;ding that
the C..uuty Communist >ha levy
Iotl, f,,>~
school PURPOSES, SUCH tx to be- estimated
by the school board and submitted to the
commissioners for their approval, or
disapproval, who shall have the p ,wer to
increase or lower, within speciti'i limits,
the estimate 80 made, and the 35th section
OF the general revenue law of June 10, 1891,
| Chapter 4 10y enacting that the com
missoners shall determine the amount to
be raised for all county purposes, except
school purposes, and enter upon their
minutes the rate to be levied for each fund
respectively, and shall ascertain the aggre-
gate rate necessary to cover all such taxes,
including such rate as may have been
levied by The school board, are in pari
nadter5, and 10 be construct as one net, and
the 35th section of the last named act dos
not deprive the commissioners Of power to
lower the rate OF taxation on taxable
property estimated by the school beard,
| where such reduction does not affect the
amount uf money fix'.d by I'll boord AS
necessary tor the schools, even if it prevents
any change OF such amount-a point not
presented by the record.
9. A writ of mandamus will be denied
where no violation of official duty is
shown.
Judgment affirmed.
B. NJ. Miller and E. K. Foster, for ap-
pelant; ]. D. Broome, Jr. appellees