56 S.C. 493 | S.C. | 1900
The opinion of the Court was delivered by
The complaint in this case seeks to-set aside, for alleged irregularities, a tax sale of land and deed thereunder, and to restrain the defendant, claiming
I. Because Ms Honor erred in appointing a receiver of the land in dispute, when the rule to show cause only required the defendant, Lowery, to show cause why an injunction should not be granted against his interfering with the rents of 1898.
II. Because the action as set forth by the pleadings was merely an action at law, and did not warrant the appointment of a receiver.
III. Because the Court has, by its order, on a preliminary motion, deprived defendant, Lowery, of the possession of land to which he is presumed to* have title, before the question of title has been tried, and appointed a receiver until the trial of the cause, upon a rule to show cause why an injunction should not be granted against collecting rents for 1898, and nothing else, and' thereby committed error.
By an order of this Court made after due notice, the case was recommitted to the Circuit Court for amendment by a statement from the trial Judge as to what occurred before him when the order appointing a receiver was made. Pursuant thereto the trial Judge reported as follows: “After a full hearing of the case, I announced that ! would grant the restraining order, and directed the plaintiff’s attorneys to prepare an order to* that effect. I then suggested to counsel on both sides that inasmuch as this land had once been sold for taxes, and the case possibly would not be heard until the taxes were due again, it seemed to me that it would be better to let some one collect the rent, and rerent the land and
The judgment of the Circuit Court is affirmed.