The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

ISSUES UIICICOls ttS lltCII Sttl't'tlI tb t0t He,
and the record fails to show that such
party has ever been appointed or author
lied by the court to act in said cause as
such guardian at Mem, all the pleadings
so interposed by such stranger are nuGa-
tory and do not bind such minors; and al
orders and proceedings in said cause pred
icated upon such pleading will be set
aside as void.
Decree reversed.
John A. Henderson, for appellant; nc
appearance for appellee.
Simon B. Conover, Appellant, VS.. John
G. Russ, Appellee-Orange county.
Judge Malone, of the second circuit,
sat in the place of Mr.. Justice Mabry,
who was disqualitied.)
TAYLOR, j.:
EJECTMENT-MAPS AS EVIDENCE.
/. Where The land controversy in an
eiectment suit is located adjacent to the
boundary line between two counties, the
lOl alton of which boundary line is invol-
we'd in such doubt, uncertainty and dis
pute as to render it seriously doubtful as
to which Of said two counties said land
belongs, and the defendant relies entirely
upon tax title to the land, acquired in
one of such counties; and it appears that
the land was assessed and sold for the
same years taxes in both C Iunties; and
the plain iff has r. deemed from the sale
in one of them, but not from the sale in
the county that resulted in defendant S
tax title. The material issue. under these
circumstances, that most vitality affects
~, o. 20 Ia 60 h, o.,
locus of the land. la the trial of this
issue the sofficial maps of the county i'll
which the plaintiff claimed the land to
be, and from the tax sale in which he re-
deemed them, are entirely proper and
highly pertinent evidence to throw lignl
upon the leading fact in issue, the true
LcuS of such land; and it is error to eX-
ciudt such maps from evidence when
they show the land to be part of the
county in which the tax redemption has
been made
Judgment reversed
Chas Swaync, appellant; MershOn &
Rogers, and NJ. Silver, for appellee.
George Selden ct a., appellants, VS..
City of Jacksonville, appellee-DutaI
county.
RANEY G. j:
l. The guaranty of constitution, that
private property shall not be "Iaken' OF
appropriated" without compensation,
does not extend to m-re consequential
damages resulting to property abutting
on a street from change of grade of the
street, or other improvement thereof not
constituting a diversion of the street
from street purposes, by municipal
authorities acting with n the scope of their
charter powers, but only to a trespass
upon or physical invasion of the abutting
property.
g. The provisions Of the constitution OF
1885: that private property shall not be
"taken" without just (Sec-
ton 10, Declaration OF Rights; that the
legislature may provide for the drainage
ofthe land of one person over or throu Z
that of another upon just compensation
therefor to the owner Of the land over
which such drainage is had; and that no
D. ivate property nor right of Way shall be
appropriated" to the u,e of any corpOr-
alton or individual until full compensa-
ton shall first be made to the owner, or
first secured to him by deposit of money,
which compensation irrespective of any
benefit from any improvement proposed by
such corporation or individual (Sections
%, 20, Art. XVII do not of themselves
render a municipality liable for mere
consequent al damages resulting to
property abutting on a street from the
lawful change of grade or other author
lied Improvement of the street by the
municipality.
8. Upon the voluntary dedication OF
land to the purposes of street, it be
comes, to The extent that it is necessary
to be used for a street, the property OF
the people of tn state; and the dedica-
cation carries with it the continuing
power to change its grade or otherwise
improve it in 80 far as such improvements
are for street purposes This power may
be delegated by the legislature to
municipality hs one Of its governmental
agencies and to the exercise o.
these powers the fee, Of the owners o.
abutting lots, in the street to it's centel
Is at all times subject.
f. There are incident to the ownership
of property abuttinX ON o street certain
property rights which the public general,
do not possess, Oiz: The right of egresl
and ipgrcSs from and 10 the lot by tn,
way Of the stree, and of ligl t and al
which the street affords. These Incl
dental rights are under constitutions
prohibition, simply against the taking
or appropriation" of private pr. perty
subordinate to the right of the state, %
OF any duly authorized governmen
agency acting for it, to alter grade o.
otherwise improve street for street pur
poses, The original and all subsequen
purchasers Of abutting lots take with tn,
imulied understanding that tie publi,