Interstate B. & L. Ass'n v. Waters

Citations

• 50 S.C. 459
• 27 S.E. 948
• 1897 S.C. LEXIS 45

Syllabus

<p>1. Amendments — Peeadings.—A motion to amend pleadings so as to conform to proof is within discretion of Judge, and in this instance he has not abused that discretion to prejudice of appellant.</p> <p>2. Tax Execution — Tax Sate.- — Failure of county treasurer to specify on tax execution amount of taxes due each separate fund, will not vitiate tax sale thereunder, when aggregate amount of taxes is correctly stated.</p> <p>3. Finding of Fact, that sheriff took possession of land by his agent, sustained.</p> <p>4. Tax Execution — Tax Sale — Nueea Bona — Tax Act 1891. — Under tax act of 1891, sheriff must first exhaust personal property of delinquent before levy on land, but nulla bona return as to personalty is prima facie evidence of no personal property, and will sustain a sale of land under that execution.</p> <p>5. Tax Sale — Tax Titee — Mortgagor and Mortgagee — Estoppel — Fraud.—A mortgagor who, by negligence or fraud', suffers mortgaged lands to be sold for taxes, and then purchases at tax sale or after forfeiture, is estopped from setting up such title against mortgage lien, and so is any other person who enters into a scheme with mortgagor for that purpose.</p> <p>6. Tax Title — Mortgagor and Mortgagee — Estoppel—Fraud.— When mortgagor borrows the money either for himself or his wife to redeem mortgaged lands sold for taxes, and has deed made to her for purpose of defeating mortgage lien, the wife is estopped from setting up such title against mortgage lien.</p>