Ebaugh v. Mullinax

Citations

• 34 S.C. 364
• 13 S.E. 613
• 1891 S.C. LEXIS 62

Syllabus

<p>1. Charge on Facts. — A statement by the judge to the jury of undisputed facts developed by the testimony, is not a charge on the facts within the meaning of article IV., section 26, of the Constitution.</p> <p>2. Tax Sales of Land- — -Execution.—Before the land of a defaulting tax-payer can be validly sold for the non-payment of the'taxes assessed thereon, there must be an unsuccessful effort made to enforce payment by distress and sale of the personal property of the defaulting taxpayer, the best evidence of which is an execution issued and a return of nulla bona thereon.</p>