The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-26

4 ~@~~AN - AZ 1AAE HTESEuCC VI 1uEu SUI
scrfbing witnesses, and from such at
testation clause. the further presump-
ton must be INDUCED that the original
deed did have q seal. though the rec
ord thereof did not exhibit a seal.
8. At the time this cause Of action
accrued to the plaintiff against this
defendant the statute Of limitations
then in force-chapter 4412, laws of
1Ss5-did not bar such action against
party without color of title until af-
ter twenty years adverse possession,
and where the defendant did not sho.v
any color Of title. and such period of
limitation had not run, and the plain
tin showed title in herself by a regu-
lar chain OF title from predecessors in
title and possession, the court correct
ly gave a peremptory charge to the
jury to return verdict for the plain
tin.
Judgment affirmed.
Chas- B. Peeler. for PLAINTIFF In error;
Axten & Rinehart, for defendant in
error.
Walton County.
In the supreme court OF Florida. an
banc, June term. A d. 1910. W. D.
Johnson. plaintiff In error, VS.. The
2NAtC "a 4 lOLAud1 QcIenQduI IN CTTOT.
Criminal court of record, Walton coun-
ty. Per Curtain.
Where the members OF the appellate
court are equally divided in opinion as
to whether judgment on writ of
error should be reserved or affirmed,
and there is no prospect of a change
OF judicial opinion. the Judgment
should be affirmed so that the litiga-
ton may not be unduly prolonged.
Judgment affirmed.
s. K. ellis. for plaintiff In error;
Park Trammen. attorney general for
the state.
Duvsi County.
In the supreme court Of Florida, d.
vision B, January term A D. 1911. |
Trixie Russell. plaintiff in error, VS..
The State Of Florida, defendant IN
error. Duval county. Hockers J.
A persons dwelling house is a cas-
tie Of defense for himself and those
rightfully In his house, and when an
other attacks or invades ones dwelling |
in threatening manner under such |
circumstances that the owner has rea- |
son to believe and does believe that |
he is In danger of. losing his life or |
suffering great bodily harm, he is not |
obliged to retreat. but may stand his |
ground and meet any attack made upon |
him with such force as under all the |
circumstances he has reason to believe /
and does believe is necessary to save
his life or protect himself from great |
bodily harm. and this rule is applica- |
BILE to all persons without regard to /
their moral conduct in other respects. /
Judge reversed.
a q. Hartridge. for plaintiff IN err
ror; Park Trammell, attorney general,
for the state.
jackson County.
In the supreme court of Florida, d.
vision A. January term, A. D. 1911. |
Louisville 4 Nashville Railroad Com
pany, corporation, plaintiff in error.
vs. w. @. Marlborough, defendant in
error. Jackson county. Whitfield. c.
error. Jackson county. Whitfield, c. ].
i. Where q party contributes to his
own injury. he cannot in general re-
cover at common law, nor under the
statute unless the statute is shown to
Be be - b UfgvenT Tre ssoOs-.'-'----it
s-ss+ around its bridge over naVlse
- =, = .t~esno that tnterferes with nav
Dl 49, a1d A. is also fits duty to pro-
80 a.. bridge that Is daily USED TOT
S.,r,,r transportation Of persons an.
P uA-...,, put these duties should De
se..so--r,saa with due regard 10 Ine
rirhts of others. ..,,.
where = plaintiff Is guilty OF con-
| ..s.....o,v neufigence, he cannot recoVSt
- s-...aeee for the mere negligence
- aoofher even IL the statute aiiow
/ t. ar action is applicable TO the CASE
I Judgment reversed.
pa.,i Carte. for plaintiff in eErOr'
prtco q Lewis. for defendant In err''
jackson County.
a.. o,n-eme court Of Florida, oi'
r ...sar June term, A. D. 1910. AZ
- a 81. Andrews Bay RaiI"a'
1-a1v a corporation, plaintin !
q M. Thomas and A Y
. cr,.S~,,.. eo-oartners as Thomas BIO
5. Company, defendants IN
.or county. Whitfield, G. ). a
Ectiona ex contractu may
only in accordance with u
lawful rights and interests % 40 -
=. - ss tI1ev appear by the contract
- wnsra the rights and interests
% -+iea are definitely and clear
as.ad the terms of the contract Iair
- s.sts~r,-ated should control, for u mu
a aaGnT0eQ LudL bAAO
- ties is as 1t is distinctly ana posills'
:, avnressed by them If the lansua
- nsed is ambiguous the real inten. !.
:, 20 tbs parties should be ascertaineo =
Re = NAV be shown in an appFoplu
" vov when such showing is not inc.
-. s,sfent with the express Terms
a. nnrnose of the contract
Nv Even though a eontrace :.
ps corn - to,nt In its obligations. II the
In ~ fights and interests OF the Oot POI
M among themselves be seVeral anu
- 5o,nt. actions may be maintalneo -,
. - eralIy by the obligees as theI -
and interests appear, when tne
- PRESS terms and purpose OF the
-. t-act are not in substance lhe'
- riolated or disregarded.
~ In ascertaining the fneenelol
SUI .na PARTIES and IN determining WE
'.C.a - the rights and interests Oh :
800 1arteas are in reality joint or seV
a .tas- the the subject matter of the contract
'' srst language used. the purpose oes'