Fraysher v. Mississippi River & Bonne Terre Railway Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding section 12-51-160 did not preclude a tax sale challenge because a failure to give the owner “proper notice rendered the tax sale void”
• stating the two-year statute of limitation does not apply if the action is based on the tax office's failure to give proper notice, because lack of proper notice renders the tax sale void
• \[T]he statute of limitations did not preclude the [property owner's] claim ... as the failure to give proper notice rendered the tax sale void.\
• “Failure to give the required notice is a fundamental defect in the tax sale proceedings which renders the proceedings absolutely void.” (quoting Rives v. Bulsa, 325 S.C. 287, 293, 478 S.E.2d 878, 881 (Ct. App. 1996) (per curiam))
• \[A]ll requirements of the law leading up to tax sales which are intended for the protection of the taxpayer against surprise or the sacrifice of his property are to be regarded [as] mandatory and are to be strictly enforced.\ (alterations in original

Source: CourtListener parenthetical corpus (CC0).