Bird v. Benlisa
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. The court stated the case as follows: This was an action of ejectment brought , in the Circuit Court of Orange County, Florida, on May 25, 1887. The action was subsequently removed to the Circuit Court of the United States for the Northern District of Florida. A trial in that court resulted in a verdict and judgment for the defendant in .error, plaintiff below.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. The court stated the case as follows: This was an action of ejectment brought , in the Circuit Court of Orange County, Florida, on May 25, 1887. The action was subsequently removed to the Circuit Court of the United States for the Northern District of Florida. A trial in that court resulted in a verdict and judgment for the defendant in .error, plaintiff below. That such judgment was correct, is conceded, unless plaintiff’s right to recover was defeated by a tax deed; with accompanying record and possession.…
1Opinion of the CourtJustice Brewer
It is true that this tax deed is regular in form, but there is no connection between the description in it and any to be found in the assessment roll , and it has been held by the Supreme Court of Florida, that the limitation section does not prevent a suit, by the owner to recover lands after the lapse of a year, when “ the calls in the deed of the clerk are materially different from the lands described on the assessment roll, and sold by the collector.” Carncross v. Lykes, 22 Florida, 587. In that case it appeared that on the assessment roll the land was described as “blocks 10, 12, 13 and…
2Cases cited8 opinions
- Sloan v. SloanSupreme Court of Florida · 1889
- Spratt v. PriceSupreme Court of Florida · 1881
- Carncross v. LykesSupreme Court of Florida · 1886
- Townsend v. EdwardsSupreme Court of Florida · 1889
- L'Engle v. WilsonSupreme Court of Florida · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peterson v. . MartinoNew York Court of Appeals · 1914
- McKeown v. CollinsSupreme Court of Florida · 1896
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Small v. HullMontana Supreme Court · 1934
8 more not listed; retrieve them via the Exa API.