Robertson v. Lombard Liquidation Co.

This was an action in ejectment. Two •errors are assigned: (1) In allowing an amended answer to be filed; (2) in holding the tax deed of the defendant valid.

The defenses set up in the amended answer did “not change substantially . . . [the] defense” which could have been made under the original answer. Hence there was no abuse of discretion in the allowance of the amendment. (Code, § 139; Gen. Stat. 1901, § 4573.)

The tax deed had been of record more than five years before the commencement of this action. It describes accurately the land taxed, and in describing the land sold says “the whole…