The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-03-19

policy of the law as defined in public
statute, but will leave suitors, asking its
aid, Where II finds them, if it appears that
they are seeking 10 evade the policy OF the
law.
4. The provisions of the &C cond section
OF the act OF congress of June 18th, 1880,
entitled an act relating to public lands OF
heretofore under any of the homestead laws
entered lands properly subject to such entry,
or persons to whom the right Of those
having 80 entered for homesteads NAV have
been attempted to be transferred by bona
fds instrument in writing" may make
cash entry OF the land, do not include a
person 10 whom such right of the entryman
ha. been transferred subsequent 10 such
statute, and where such traasferree has
entered the land with his own money, and
tor his own benefit, but in the name Of the
entryman, 1t not appearing that be dealt
with the government officers as such trans
ferree, court OF equity will not declare or
enforce resulting trust in favor of such
tfansferree or his grantee, against third
person in possession of the laud and to
whom the original entryman had previ-
Ously 10 SUCH transfer, but subsequent TO
the statute. executed a conveyance OF the
land.
Decree affirmed.
W. W. Dewhurs,, for appellants; J. B.
Gaines, for appellee.
f. s. Ellsworth, Appellant, VS. E. S Halle
ct a., Appellees-Aiachua county.
(slr. Justice Taylor did not sit in this
case.)
RANEY. c. J.:
/. Where thirty days 10 not intervene
between the entry Of au APPEAL aud tie
next succeeding term OF the Supreme
court, only twenty days notice of the ap-
peal is necessary; and TO enable the APP
pe.ant 10 give the appellee this notice, the
appeal may be made returnable 10 a day
in term subsequent TO the first day OF the
term. The practice does moi, however,
contemplate that the appellant may enter
his appeal and use his own convenience as
to the time OF issuing and serving citation,
nor that an appeal shall be brought to a
term prior TO which there mas been no Is
sue OF citation.
2. Delinquency on the part OF the clerk
in preparing an appeal transcript is not an
excuse for the failure OF an appellant, or
his counsel, to observe ordinary diligence
in obtaining an appeal citation and having
it served.
3. An appeal was entered on the second
day OF a month, and the next term of the
appellate court began on the twelfth Gay
OF the month, and on the fifth day of the
next succeeding month appellant fled the
appeal transcript in the appellate court
and moved for a citation returnable TO
the same term: Held, that the appeal
was abandoned.
Motion denied, and appeal dismissed.
W. W. Hampton and A. F. Odlin, FL
appel INT; F. E. Hughes and sgd. L.
Carter, for appellees.
W. J. Weston ct al, Appellants, vs. s.
D. Moody ct Gl., Appellees.-Maiion
county.
RANEY, C. j.:
/. A statement, in petition of appeal,
evidence" or "rejec,ed proper evidence"
admitted or rejected should be designated.
2. Where appellee moves, at the term to
which an appeal was taken, 10 dismiss The
pellants to file petition of appeal in the
time prescribed by the rules, and pending
such motion the appellants move for leave
to file the petition, accompanying The mo-
tion with petition which is too general in
its designation Of alleged errors, the court
will, under the liberal practice obtaining in
such cases, permit the petition to he fled
on terms. Payment by appellant of the
costs OF both motions and filing proper
amended petition of appeal within a stated
time, required as terms of allowance of
appellants motion.
Motion to dismiss denied motion TO file
petition granted.
Bullock & Burford, for motion to dis
miss L. n. Green, tor motion to file pe-