The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-04-09
SUPREME COURT OF FLoR1D.

SUPREME COURT OF FLORIDA
Headnotes to Decisions January
Term. 1892.
Tyler Hawkins, Plaintiff in Error vs
The State of Florida, Defendant in
Error-Suwannee county.
TAYLOR, j..
APPELLATE PRACTICE-FAILURE TO EX-
CEPT-sTATEMENT BY ACCUSED.
l. Where the court passively permits a
juror to question the prisoner while max
Hg his statutory statement of the mat
ters OF his defense, and permits the pris
oner, While making such statement, at the
request of juror, to make figures to be
compared by the jury with the forgery
for which the trial is being had, and no
objection or exception to such proceeding
Is lnterposed, taken, or noted until af er
verdict OF conviction, the objection comes
too late in motion for new trial. and
can not be reviewed by this court upon
writ of error. Otherwise if exception
had been taken and noted in time
.. Section 20, p. 519, McClellan's Di-
gest, permits to the party accused, in all
criminal prosecutions, the right Of max
ing statement to the jury under oath Of
the matter of his or her defense. This
does not constitute the prisoner a wit
ness, nor subject him 10 the rules appli-
cable TO witnesses, nor render him liable
to crOss-examination; and while making
such statement the court should, sua
sp0nte, prevent any interference with the
prisoner, either by questions or suggcs-
tions from the jury. the state attorney,
the prisoners counsel, or from anyone
else. Should such interference be per
miited, over the objection of the accused.
it would be reversible error.
| Judgment affirmed.
| j. g. Gallaher, for plaintiff in error:
William B. La "r, attorney general, for
the state.
Manuel G. Jordan, Appellant. vs. Henry
ID. Sayre ct a., Appcliees.-Duval
county.
g.. l.sA-sx~5ssa.4s q. .sseess szsa
| /. A foreclosure proceeding resulting in
final decree and a sale of the mortgaged
property without the holder Of the legal
title beng before the court, will have no ef-
feet 20 transfer his title to the purchaser 81
| said sale.
2. A mortgage, either before or after de-
fault in payment, has no title by virtue Of
his mortgage to the mortgaged real estate.
His interest IS simply specific lien for the
security of the debt mentioned in the NOR
gage, and he can acquire the legal title as
against the mcrtgagor, or his grantees, only
by out bidding every other person at the
foreclosure sale.
3. A conveyance by The mortgage OF
the mortgaged premises before foreclosure,
~ fn1
conveyance contain grant Of the mortgage
CeOt, or unless its terms are sufficient to
carry this interest, and it was intended by
the parties to have this effect, will be in-
operative for this purpose.
4. Where the mortgage, or a stranger
10 the record, purchases the mortgaged
premises at a void sale under foreclosure
proceedings, and then conveys by warranty
deed said premises to i third party, he be
comes subrogsted in equity to the rights OF
the martgagee in said morlgaged premises
as well as the mortgage debt thereon, to
the extent othis purchase. and may demand a
valid foreclosure of said mortgage for his
protection. His right to be subrogated to
to the extent of his purchase in such case
to the mortgage security dots not depend
upon contractual assignment of the mort
gage debt, but it c>mes about by operation
of law.
s. A mortgagor, or his grantees OF the
mortgaged premises, can not set up against
the mortgage, or his assignee, tax title
acquired at a sale for non-payment OF taxes
which it vas the duty of the mortgagOr, OF
those holding under him, to pay.
Decree affirmed.
A; w. Cockrell s. Son, for appellant
Walker & L'Eugle, tr appellees.
Oscar McKinny, Plaintiff in Error, vs.
The State Of Florida, Defendant in
Error-Clay county
MABRY, j.:
At common law boy under the age ol
fourteen years can not in point OF law be
guilty of all assault with int. mt to com
NIT rape; and if he be under that age at