The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-03-18
TOMBSTONE LOST HIS SUIT.
EFFORT TO GET PART OF ITALIA
FERRO ESTATE FAILED.

supreme Court In His Decision in
This Famous Case-Case of W ellis
". the Mayor and Aldermen De-
ctded Against plaintiffs, and They
VIII Have to Pay Taxes on
Ground Rent Lots.
Atlanta. Ga. March 1.-THE Supreme
Court to-day handed down decisions IN a
number of important Savannah cases. one
OF these was that Of tombstone vs. Talia-
ferro, being a contest by Florence Barclay
tombstone. an alleged legitimate child. for
an interest in his mothers estate, and
which has attracted wide attention. The
court affirmed Judge Falligant and re-
fuses to allow Johnstoue's claim
The papers allege that Florence John
stone, living al Marietta, is the Legitimate
son of Mrs. Taliaferro of Savannah, who
was the daughter of an adopted daughter
OF Mrs Marshall the latter being very
wealthy. When Mrs. Marshall died she
left her trust deed to Johnstone's mother,
winch was TO convey the property at her
death to her children. The question at is
sue in the case was whether or not the
word children" included child born out
of wedlock.
Justice Cobb rendering the decision OF
the court. says the words Child and
children" appearing in a deed convey
ing to an unmarried female certain prop
erty during her life. and at her death
to such child or children as she may leave
living at the time of her death, viii not
include an Legitimate child of such fe-
male. born several years after making the
deed. unless it plainly appears from the
language of the instrument that it was
the intention of the granter that an il
legitimate child was to take Hereunder
The word tissue" used in a subsequent
part of the deed, under consideration in
the present case, Is TO be given the same
meaning as the words child or children.
Wells VS.. City of Savannah.
Another of the Savannah cases of spe-
cial public importance was that of Wells
ct al, vs. the Mayor and Council of Sa-
vannah, in which Judge Falligant was
also sustained, all the justices concurring.
Justice Lewis delivered the opinions in
the case, which involved a dispute over
tax exemptions. The opinion says: Even
the municipal duAHOiHitS VI any NitS
in this state had, prior to the constitu-
ton of 1877, the power by contract with
any of its citizens 10 perpetually exempt
property from taxation, before claim
to such an exemption could be seriously
entertained. the existence of such con-
tract would have to be clearly and specific
ally shown.
1.-The record in this case fails to disclose
any contract between the city of Savan-
nah and the plaintiffs. or any of the land
claimed to be exempt from municipal tax
alton Such a contract will not be i'm
piled merely from the fact that the mar
shat of the city customarily announced
when lands of like character were exposed
for public sale, that the same were not
subject to city taxes, nor from the fact
that it was generally understood by the
public that such property would be so ex-
empt, nor from the further fact that for
many years the city never undertook to
exercise over this class of property its
powers of taxation"
other Cases.
In addition to the above, the following
cases were decided.
Heidi VS.. Cannot, Judge Falligant; re-
versed Collins, Grayson & Co, VS.. Mo
bile Fruit and Trading Co; before Judge
Falligant; affirmed.
Freyermuth vs. South Bound Railroad;
before Judge Faligant, Ehingham Supe-
rior Court; affirmed.
Graham VS.. Niagara Fire Insurance Co;
before Judge Norwood; affirmed. Savan-
nah Florida and Western Railway Com
pany VS.. Tony; before Judge Norwood
reversed.
Solomon VS.. Carroll; before Judge Nor
wood; affirmed.
cation for mardamus, requiring Judge
Seaborn Reese of the Superior Court of
Wilkes county 10 sign the bill of excep-
tons in the case of VIII Taylor and Fred
Perry now under sentence of death for the
murder of a guard at the county convict
camp.
Judge Reese declined to sign the bill of
exceptions when presented and as the day
OF execution was near at hand and the Su-
preme Court was not in session at the
time, Gov Gambler respited the men in or
der to wait until the Supreme Court could
convene. The application for mandamus
nisl was made absolute by the Supreme
Court to-day, and Judge Reese will be re
quired TO sign the bill Of exceptions which
VIII carry the case to the Supreme Court.
ana the death sentence will not be eye,
cuted, for the present
Maniac Locked Tn.
- ~ 1NoI Woou' carriage planter was
locked up IN padded cell al the station
mouse to-day apparently raving maniac
He was taken in custody at the instaroa
OF MS father who sad he had gone ,nad
Wltn painters collie. Norwood recennv
worked in Jacksonville, Fla. having been
brought home sick several weeks AGO mi
Tor the fact that the cell was heavily mad
oed he would have dashed his brains out
against its sides
ST. Patrick's Day.
St Patrick's day was fittingly observed
oy Ailanta lrishmen to-day. Exercises
Were held under the auspices of the nj.
bernian Association, the Catholic E<niobts
and the Ancient Order of Hiberniaps in
the lecture room of the Church of the I'm
maculate Conception. Bishop Becker
read mass. This evening Bishop Becker
address the Irish societies on "st. Patrick
the Apostle of Ireland" at the church
tar he lao frHan