Wilson v. Dove
Supreme Court of South Carolina
Before Wi-ialEy, J., County Court, Richland, May, 1921.* Action by Mrs. E. P. Wilson against Mrs. W. B. Dove. . From judgment for plaintiff the defendant appeals. cites: Grantee in tax. deed not precluded by recitals in it and their incorrectness may be shown: 24 A. & E. Ene. E. (2nd Ed.) 59; 4 Enc. Ev. 185; 12 Id. 550, 555, 557; 113 Am.
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Before Wi-ialEy, J., County Court, Richland, May, 1921.* Action by Mrs. E. P. Wilson against Mrs. W. B. Dove. . From judgment for plaintiff the defendant appeals. cites: Grantee in tax. deed not precluded by recitals in it and their incorrectness may be shown: 24 A. & E. Ene. E. (2nd Ed.) 59; 4 Enc. Ev. 185; 12 Id. 550, 555, 557; 113 Am. St. R. 290; 26 R. C. L. 422-424; 165 C. C. A. 606; 254 Fed. 379; 2 Hill 396; 2 N. & McC. 349; 109 S. C., 31. Facts in regard to tax sale may be shown by evidence aliunde: 40 S. C., 133; 31 S. C., 554; 37 S. C., 399; 15 S. C., 192; 80 S. C., 149. Possession is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
Action to set aside, as a cloud upon the plaintiff’s title, a certain tax deed executed and delivered by the proper municipal authority of the town of Fau Claire to tlie defendant, after sale of the lot under an execution for delinquent taxes.
The plaintiff’s attack upon the tax deed is stated in the complaint in most general terms; that it “is of no force or effect, by reason of its illegality and failure to comply with the law regulating such sales.” The specific ground of attack as developed in the testimony and argument is that…
2Cases cited1 opinion
- Pollitzer v. BeinkempenSupreme Court of South Carolina · 1907
3Cited by9 opinions
- Mullis v. WinchesterSupreme Court of South Carolina · 1961
- Leysath v. LeysathSupreme Court of South Carolina · 1946
- Priester v. BrabhamSupreme Court of South Carolina · 1956
- Erwin v. PATTERSONSupreme Court of South Carolina · 1956
- Cooper v. BaxleySupreme Court of South Carolina · 1940
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