The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-28

Tallahassee, Jan. 21.-FOllOwing
are the headnotes of recent decisions
handed down by the supreme court:
Pensacola Liquor License Case.
Harry T. Rowland, city treasurer
of the City of Pensacola. plaintiff in
error, Y. State ex rel. John Zirklebach
ct al, defendants in error, Escambia
county Cockrell. J.:
I. AIandamus will lie TO compel a
city treasurer TO issue a receipt TO an
applicant for liquor license. where
such receipt is a necessary step in
I. the procurement of a license.
,. A municipal ordinance. fixing
the charge for a liquor license out
side restricted area in the city at
81 800 additional to that imposed in
such area, is invalid, it being admit
tee that the costs of policing is the
same and that both districts contain
resident and business sections, al
though the municipality is empowered
to pass any ordinance not in conflict
with the federal or state constitu-
lions or statutes, TO regulate and re-
strain liquor shops and to impose IL
Ccnse taxes. (HOcker and Parkhill
j. dissentingD
Judgment affirmed.
John B. Jones, for plaintiff in err
ror: Blount & BIount & Carter, for
defendants in error.
Santa Rosa Tax Deed Case.
j. R. Saunders, plaintiff in error V.
S. c. Collins, defendant in error, San
ia Rosa county. ParkhilI, J.:
l. In an action of trespass it is
not incumbent on the plaintiff claim
ms; title by tax deed to show a legal
assessment of the land, nor a legal
advertisement of sale. nor valid
sale of said land for nOn-payment of
taxes in order to read the deed in
evidence of his right hereunder.
,, In an action of trespasS waere
the plaintiff claims title from the
state by tax deed which shows that
the state purchased the locus in quo
at tax sale and sold the same 10 the
plaintiffs for the sum of eleven and
$1,000 dollars, the amount paid for.
the tax certificates. and the deed fur
Their shows that the tax certificate
vas produced and surrendered TO the
clerk of the circuit court who e1acut-
ed the deed, il is unnecessary for the
plaintiff to prove that the said GER
tificate was assigned by the state. It
sufficiently appeared that the gran
tees named in the deed were holders
OF the tax certificate, had paid for
ana surrendered the same to tae state
ded for the land embraced in the tax
certificate.
g. Evidence examined and found
insufficient to sustain a verdict for
damages in an action of trespass
Judgment reversed.
Smithwick & West. for plaintiff in
error; ]. T. Virgins, for defendant in
error
Santa Rosa Title Case.
yellow Pine Lumber company. A :
corporation, appellant V Benjamin
JeTnigan. appellee. Santa Rosa COun-
ty. COckTell. J.:
l. When the equities of a bill TO de-
clare the holder of the legal title to
land the trustee for the equitable
owner depends upon an adverse hold
ing and a recorded conveyance from
the original owner which failed to
convey perfect title for lack of seal
only, the bill is properly dismissed
when the proof fails as to adverse
holding and the instrument of convey
anCe lacks not only seal but fails of
witnesses to the signature and the
evidence makes it probable that the
grantOr never signed the in
stTumeHt.
2. The failure to obtain the ruling
OF the chancellor upon objections TO
evidence affects only its admissability !