The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1918-05-10
LATE OPINIONS OF
.THESUPREMECOURT

Tallahassee, May Especial. THE
supreme court has affirmed the judy
ment of the circuit court for Volusia
county in the case of the state of Flor
| ida, ct rel. Van C.. Swearingen, Attor-
ney General, plaintiff in error, VS.. j.
NJ. Walters, Beal III. Wilson, and S. A.
Poythrese, in re Lake Ashby drainage
district, defendants in error. The court
determined that it is well settled that
| unless the charter or governing stat
ute requires it, the act of a corpora
ton need not be evidenced by its cor
porate seal except where a seal would
be requird in the case of an individual.
That it is not essential to the validity
of a drainage district formed pursuant
to the provisions of chapter 645S, acts
natures of the petitioners upon the pc
titions for the creation and organiza-
ton of such district, whether corpora
tions or individuals, shall be under the
seals Of such petitioners. The opin-
, ion is by Justice West. Thomas B.
Stewart, represented the plaintiff and
Giles j. Patterson and Murray Sans
represented the defendants.
The court also affirmed the judg-
ment of the circuit court for Taylor
county in the case OF II. w. Walters,
plaintiff in error, VS.. ]. s. Sheffield, de-
PENDANT in error. The opinion is by
Mr.. Justice Whitfield. Davis and Dia-
mond represented the plaintiff in err
ror and William T. Hendry, represent
ed the defendant in error. The court
holds that where In a deed OF convey
ance of land the grantors reserved
unto themselves and from the opera
ton of the deed, all the timber Of any
kind and nature. standing on said land,
the grantee takes no title to the tim
Der standing on the land; and where
the deed OF conveyance or the attending
circumstances do not indicate q pur-
pose to remove the standing timber
from the land, the owner thereof does
not lose title thereto by mere failure to
remove the standing timber. And SEQ
ondly, ejectment Is an appropriate rem
edy to recover the possession of stand
ing timber by the person entitled to
its possession.
The court also affirmed the judg-
ment OF the circuit court for Columbia
county in the case Of John r. Roberts,
eft al. appellants VS.. Morlie A. Roberts.
appellee. The opinion is by Mr.. Jus
tice Ellis court of chancery will en-
terrain Jurisdiction of suit by widow
against the administrators of her hus-
bands estate to compel them to set
aside to her provisions, and clothing
necessary for her maintenance, her
wearing apparel, household goods and
farming utensils which she is entitled
under the statute to retain. but which
are alleged to be fraudulently withheld
from her by the administrators. j. 8.
Hodges and Guy Gillen. represented the
appellants and G. o. Palmer represent
ed the appellee.
In the case OF Dunk Harris. plaintiff
In error, VS.. the State Of Florida, de-
PENDANT in error. Baker county, the
court has remanded with instructions
to enter proper Judgment. Evidence
examined and found sufficient to sup
port verdict of murder in the second
degree. Gone and Chapman and W. B.
Cone for plaintiff in error: Van g.
Swearingen, Attorney General and W.
w. Trammell, assistant for the state
The opinion is by Mr.. Justice Ellis.