Koth v. Pallachucola Club
Supreme Court of South Carolina
Before Hydrick, J., Hampton, Action by H. C. Koth against Pallachucola Club. From judgment for plaintiff, defendant appeals. cites: Tax deed is void because it shows on its face land was listed as belonging to heirs of “Ann May Mason:” Black Tax Titles, secs. 105, 108, 268, 262; 29 La. Ann., 509; Code of 1902, 268, 269, 270, 332; 76 S. C., 517; Cooke, 360; 9 S- W., 916; 16 Ind., 506; 36 La.
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Before Hydrick, J., Hampton, Action by H. C. Koth against Pallachucola Club. From judgment for plaintiff, defendant appeals. cites: Tax deed is void because it shows on its face land was listed as belonging to heirs of “Ann May Mason:” Black Tax Titles, secs. 105, 108, 268, 262; 29 La. Ann., 509; Code of 1902, 268, 269, 270, 332; 76 S. C., 517; Cooke, 360; 9 S- W., 916; 16 Ind., 506; 36 La. Ann., 315; 25 N. E., 89. Deed is void because execution was issued against “heirs of Ann Mary Mason” without naming them: 88 N. C., 255; 59 Am. St. R., 8301. There was no legal advertisement: Code 1902,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action to' recover possession of two hundred and fifteen acres of land, the plaintiff, having introduced evidence tending to show title in Ann Mary Mason, proved a tax deed1 from the sheriff of Hampton County to H. C. Picken, dated 3d July, 1899, and a deed from H. C. Picken to himself, dated 3d January, 1903. The land was assessed for taxes, levied on and sold, as appears by the recitals of the deed, as land of “heirs Ann May Mason,” but the individual names of the heirs were nowhere given in the proceedings.
The defendant…
2Cases cited3 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Dickson v. BurckmyerSupreme Court of South Carolina · 1903
- Gilliland v. Citadel Square Baptist ChurchSupreme Court of South Carolina · 1890
3Cited by5 opinions
- Vallentine v. RobinsonSupreme Court of South Carolina · 1938
- Carter v. WrotenSupreme Court of South Carolina · 1938
- Fischer v. BennettSupreme Court of South Carolina · 1943
- Taylor v. JenningsSupreme Court of South Carolina · 1958
- Halsey v. SimmonsCourt of Appeals of South Carolina · 2020