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BIRD v. BENLISA

No. 139.

142 U.S. 664 (1892)

12 S.Ct. 323

35 L.Ed. 1151

BIRD, v. BENLISA.

Supreme Court of United States.

Decided January 26, 1892.

Attorney(s) appearing for the Case

Mr. J.B.C. Drew and Mr. A. II. Garland (with whom was Mr. H.J. May on the brief) for plaintiff in error.

Mr. J.C. Cooper (with whom was Mr. II. E. Davis on the brief) for defendant in error.

MR. JUSTICE BREWER delivered the opinion of the court.

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...

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