“ In passing adversely on these objections the trial court did not merely determine the weight or sufficiency of the evidence to prove a fact, but passed on the competency and legal effect of the evidence as bearing upon a question of Federal law ”

“ There was a verdict and judgment on the second trial for the defendant, which was affirmed by the supreme court of the state. 56 Fla. 316, 47 So. 917.
It is insisted that the writ of error should be dismissed because no Federal question is involved. The contention, however, is without merit, since repeatedly during the trial the plaintiffs objected to the admission of all evidence bearing upon the location of the tract in controversy other than the field notes of the survey under which the plaintiffs claimed, which it was contended were the best and only evidence. ”