Pollitzer v. Beinkempen
Supreme Court of South Carolina
Before W. A. Holman, Special Judge, Hampton, March, 1906. Action by Anna Pollitzer, Clara G. Pollitzer, Eily Guinberg, Richard-A. Guinberg, and Emanuel S. Kuh, against M. A. Beinkempen. Erom judgment for plaintiff, defendant appeals.
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Before W. A. Holman, Special Judge, Hampton, March, 1906. Action by Anna Pollitzer, Clara G. Pollitzer, Eily Guinberg, Richard-A. Guinberg, and Emanuel S. Kuh, against M. A. Beinkempen. Erom judgment for plaintiff, defendant appeals. Mr. Bostick, cites: Property of decedent should he listed by administrator in name of estate: Code 1902, 169, 271; 72 S. C., 191. Sheriff's deed is prima facie evidence of title: Code, 1902, 126. The legal remedy being plain, no equity is left to plaintiff: 31 S. C., 537; 1 S. C., 370. The two former cite: As to assessment and sale: 31 S. C., 518; 32 S. W., 398;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, claiming the tract of land described in the complaint as heirs at law of Chas. S. Kuh, brought this action to set aside the tax title of the defendant, as a cloud on their title. The following statement of facts was agreed on by counsel: “That Chas. S. Kuh departed this life intestate over 26 years ago, and at the time of his death was the owner in fee of the tract of land described in the complaint. The plaintiffs are. and were at the time of the commencement of this action, his sole heirs at law.
“That the said tract…
2Cases cited1 opinion
- Frost v. SpitleySupreme Court of the United States · 1887
3Cited by12 opinions
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- Vallentine v. RobinsonSupreme Court of South Carolina · 1938
- Colleton Mercantile & Mfg. Co. v. Savannah River Lumber Co.Court of Appeals for the Fourth Circuit · 1922
- Priester v. BrabhamSupreme Court of South Carolina · 1956
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