62 Fla. 133 | Fla. | 1911
— This is a mandamus proceedings brought by relators Adams .and Graves, members of the town council of DeFuniak Springs, against Cawthon, Thorpe, Wickersham, Tarance and King, the other members of said town council, and A. R. Campbell, Clerk and Treasurer of said town. The alternative writ is a long one, and we shall endeavor to state as. briefly as possible its substantial allegations. It states that for some time the question of title to Chipley Park has caused much contention between citizens of said town, a park platted on the map of Lake DeFuniak, a photographic copy of which plat is made a part of the alternative writ which is shown by said map to be a public park; that one part of the citizens claim said park was dedicated as a public park, and the other part have been endeavoring the bringing of a suit in the name of the town to test the legality of the claim of ownership and possession thereof by the
It is alleged that the matter above stated in paren
It is alleged that the minutes as adopted and herein-before quoted was and is not a fair or sufficient exposition or record of the proceeding of the town council relative to Chipley Park, had and done at their meeting in open session on March 3rd, 1910; that relators at the regular meeting on April 7th, 1910, insisted and demanded that said minutes be amended so as to be a fair, proper and regular record of such proceeding, and then, follows a statement of the very language which the minutes should have contained in order that the record of the minutes might fairly and sufficiently show the proceedings had with reference to the deed.
This statement is lengthy, and it is sufficient to state that it sets out the report of the committee who conferred with the Chautauqua Association, in which said association offered to sell and quit claim Chipley Park to the town reserving only the Chautauqua Tabernacle, the Library and Presbyterian Church. It states that the committee reported that some of the officers of the association had spoken of not wanting the pine trees cut, but
We do not think it necessary to set out the exhibits made parts of the alternative writ. One of the exhibits is a map of Lake DePuniak, showing Chipley Park.
On the 15th of April, 1910, a motion Avas made by respondants, plaintiffs in error, to quash the alternative writ of mandamus and dismiss the case. This motion Avas overruled, and this ruling is assigned as error.
On April 13th. 1910, respondants filed a return to the alternative writ, in which, among other things, they deny that amendment to the minutes sought by the alternative Avrit represents a true and fair account of the transaction. Testimony was taken, and on final hearing a peremptory writ was ordered issued and served on respondants. A supersedeas Avas denied by the Circuit Judge and a writ of error was sued out.
The first assignment questions the ruling denying the motion to quash the alternative. It is perfectly evident
In view of the fact that there has been much dispute as to the status of Chipley Park, and the rights of the public in said Park, we feel authorized to suggest that in our opinion, on the facts stated in the alternative writ, the only court having complete power to settle the whole controversy, to determine the rights of all concerned is the court of chancery; and that a bill for that purpose may be filed by any property owner in the town having an interest in the maintainance of Chipley Park, as a public park. All the facts could be brought out in such a proceeding and a decree made in accordance with facts
The judgment below is reversed.