44 S.C. 470 | S.C. | 1895
The opinion of the court was delivered by
On the 10th of November, 1891, the respondent, as sheriff, having levied upon a certain tract of land in the county of Berkeley for unpaid taxes assessed thereon for the year 1889, sold the same to the relator, who, having complied with the terms of sale, received a deed, a copy of which is set out in the “Case.” Relator then applied to the respondent to put him in possession of the said, land, who refused to do so, and thereupon this proceeding for a mandamus was commenced to compel the respondent to put him in possession of the land, and the same was heard by his honor, Judge Norton, who rendered the decree set forth in the “Case,” refusing the application for mandamus and dismissing the petition. From this judgment relator appeals upon the several grounds set out in the record.
If, when the land was first exposed for sale, Winningham or any one else had complied with the provisions of section 3 of the act of-1887, as amended by the act of 1888 (20 Stat., 51), his rights could have been protected (if he had any) and the sale prevented. But after the sale was made and the land conveyed to the relator, it was the sheriff’s duty to put the purchaser in possession; and it was neither his right nor duty to inquire into any supposed irregularities in the proceedings previous to the sale, or any supposed defects in the description of the premises, which seem to have been more apparent than real; for certainly neither the fact that the land was mentioned as situate in St. James Goose Creek Parish, when in fact it lay in St. John’s Berkeley Parish, nor the fact that there may have been an error in the number of acres, could invalidate the sale or the relator’s rights thereunder. See Henderson v. Jones, 2 Brev., 402, as to the error in the name of the parish. And surely no authority is needed to show that a mistake (if, indeed, there was one) as to the number of acres was of no consequence?
From the foregoing facts as they are now made to appear before us, we can have no doubt that it was the statutory duty of the sheriff, the respondent in the case, to put the relator in possession of the land, notwithstanding the fact that the said J. E. Winningham has intruded himself into possession of the land in 1890, upon which the- taxes for 1889 had never been paid, and which had not been even returned for taxation until the year 1893, long after the levy and sale under which relator claims possession.