Heyward v. Christensen
Supreme Court of South Carolina
Before Gage, J., Beaufort, September Term, 1907. Action by Susan Heyward, Robert Heyward and Lucinda Washington against N. Christensen.
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Before Gage, J., Beaufort, September Term, 1907. Action by Susan Heyward, Robert Heyward and Lucinda Washington against N. Christensen. From judgment for plaintiffs, defendant appeals. cites: Auditor’s deed is prima facie evidence of good title: Acts 1868, 63.; Rev. Stat., 1873, 33; Acts 1874, 773; 18 & CL, 543; 15 S. C., 193; 31 S. C., 555; 40 S. C., 133; 75 S. C, 353. cites: Appellants should show all prerequisites to delinquent sale had been h&d: 15' S. C., 193'. The two year limitation does not apply to cases arising before its enactment: 11 S'. C., 333.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In this action the plaintiff sought to recover of defendant the possession of a sinlall tract of land containing about ten acres, situated on Coosaw Island, Beaufort County. The plaintiff relied on proof of a deed covering the land, executed to D'ago Heyward, January 35, 1870, by the U. S. Direct Tax Commissioners, his possession of the land until his death about 1897, and plaintiff’s possession and his heirs at law until July, 1906, when finally ousted by defendant. The defendant relied upon two sources of title.
First: Tax deed by W.…
2Cases cited5 opinions
- Terrell County v. YorkSupreme Court of Georgia · 1906
- Shell v. DuncanSupreme Court of South Carolina · 1889
- Wilson v. CantrellSupreme Court of South Carolina · 1893
- Pool v. EvansSupreme Court of South Carolina · 1900
- Bull v. KirkSupreme Court of South Carolina · 1892
3Cited by1 opinion
- Walker v. WilliamsSupreme Court of South Carolina · 1948