Shell v. Duncan
Supreme Court of South Carolina
Before Kershaw, J., Laurens, September, 1888. The separate opinion of Mr. Justice McGowan fully states the case as follows: This was an action to marshal and settle the estate of John T. Duncan, deceased, brought by G. W. Shell, as administrator with the will annexed. The complaint alleges that John T. Duncan died seized of 1,284 acres of land, but considerably involved, and that the sale of the land was necessary for the payment of the debts of the deceased.
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Before Kershaw, J., Laurens, September, 1888. The separate opinion of Mr. Justice McGowan fully states the case as follows: This was an action to marshal and settle the estate of John T. Duncan, deceased, brought by G. W. Shell, as administrator with the will annexed. The complaint alleges that John T. Duncan died seized of 1,284 acres of land, but considerably involved, and that the sale of the land was necessary for the payment of the debts of the deceased. The widow, Elliott Duncan, an adopted daughter of the deceased, Susan E. B. Duncan, a minor, and the National Bank of Newberry, a…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
This case involves the validity of a tax title, under which James W. Copeland,- appellant, claims the land in dispute. The facts of the case will be found stated in the “Case,” and therefore they are omitted here, except so far as may be necessary to a proper understanding of this opinion. The land became delinquent in the fiscal year commencing November 1, 1885. Under the act to raise supplies and make appropriations for that year all taxes became due and payable from the 15th of October to the 15th of December, 1886, and by…
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