Carncross v. Lykes

Citations

• 22 Fla. 587

Syllabus

<p>1. Section 20, Chapter 1887, Acts of 1872, which provides that a former owner or claimant of land sold for taxes shall not bring suit after the expiration of one year from the recording the tax deed to “ set aside a deed made in pursuance of any sale of lands for taxes,” or “against the grantee in such deed to recover possession of said lands,” does not prevent a suit by such former owner or claimant, after the lapse of a year, for the recovery of lands in a case where the calls in the deed- of the clerk are materially different from the lands described on the assessment roll, and sold by the collector.</p> <p>2. In such a case the deed of the clerk is not “a deed made in pursuance of a sale of lands for taxes,” nor is a suit against the grantee a suit to recover possession of lands sold for taxes.</p> <p>8. Where the assessment roll described the land as “blocks 10, 12, 13 and 16,” a deed made by the clerk to “blocks 10, 12 and 13 in the town of Tampa, and according to the general map of said town,” is not a deed made in pursuance of a sale of land for taxes, and is void.</p>