Pool v. Evans

Citations

• 57 S.C. 78
• 35 S.E. 436
• 1900 S.C. LEXIS 17

Syllabus

<p>1. Parties. — In an action to set aside a deed executed by the Sinking Fund Commission to defendant, on ground of fraud, the commission is not a necessary party.</p> <p>2. Estoppel. — There is no estoppel by allegations that land was sold for taxes and bought by Sinking Fund Commission, from maintaining the action to set aside the deed from the commission for same land on ground of fraud.</p> <p>3. Fraud — Deed—Pleadings.—There are sufficient allegations of fraud in this complaint to vitiate the deed alleged to have been ob-</p> <p>■ tained thereby.</p> <p>4. A Tax Title not preceded by all the steps required by the statute is invalid.</p> <p>5. Equity — Deed—Government Agency. — The Court of Equity has jurisdiction to declare invalid a deed executed by a government agency.</p> <p>6. Cause oe Action. — The second cause of action set out in this complaint is one for accounting and not specific performance.</p>