Gallishaw v. Jackson
Supreme Court of South Carolina
Before C. J. RamaGE, special Judge, St. George, October, 1913. Action to recover possession of real estate, brought by John Henry Gallishaw, against G. W. Jackson. From a judgment for defendant, plaintiff appeals.
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Before C. J. RamaGE, special Judge, St. George, October, 1913. Action to recover possession of real estate, brought by John Henry Gallishaw, against G. W. Jackson. From a judgment for defendant, plaintiff appeals. The facts and questions raised by the exceptions are stated in the opinion submits: Execution intended to provide proper evidence of sale: 67 S. C. 538. Prima facie effect of deed: 15 S. C. 192. May be overcome by showing lack of prerequisites: 15 S. C. 192; 31 S. C. 547; 57 S. C. 79. Evidence susceptible of no other conclusion than that the delinquent taxpayer erroneously returned…
1DissentChief Justice Gary
Section 426, Civil Code Daws, 1902, which was of force when the transaction herein arose, provides, that in all cases of tax sales, the sheriff’s deed of conveyance shall be held and taken as prima facie evidence of a good title in the holder, and that all proceedings have been regular and all requirements of the law have been duly complied with. We desire to call special attention to the provision, that the sheriff’s deed shall be held and taken, as prima facie evidence of a good title in the holder.
There was testimony tending to show that Moses Rivers, Jr., did not enter upon the land as a…
2Cases cited7 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Cathcart v. MatthewsSupreme Court of South Carolina · 1912
- McKittrick v. Greenville Traction Co.Supreme Court of South Carolina · 1911
- Williford v. Southern Ry.Supreme Court of South Carolina · 1910
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