The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-09

There is no doubt that great brutality has been
shown to those AlsatiaDg who declared for
France and emigrated. They were Ill used at
the railway station, ,crammed Into inferior cars,
and every discomfort heaped upon them
| Apart from this, the Prussan rule in stras-
as ever the French was-far kinder than you
| will find it In Germany.
THE EDELINQUENT LAND SALES.
An Important Decison.
SAMUEL JENKINS VS.. WIN. M'ALLIsrER-BEFoRE
JUDGE WRIGHT, AT cHAMBERs-oPNIoN.
It appears that the plaintiff In this case was
the owner Of 9 certain lot Of land, with ap-
purtenances, situate on the northwest corner
of washington and Gadsden streets, In the
City of Columbia, In the County of klchland.
That, under the provisions of an act of the
General Assembly, entitled IAN act providing
for the assessment and taxation OF property"
passed September Is. 1858, and all acts amen
datsry thereto, the said described property Of
plaintiff was sold by the treasurer of Rlchland
County, at delinquent land sale on the 7th
day of June, 1872, for the unpaid taxes of the
year 1870, william McAllister, the defendant
in this case, being the purchaser of the said
real estate. S'-5t. -.
The plaintiff frat complains: That tax exc
cutionl In the hands of deputy, for taxes as
sessed against him fer the year 1870, which he
aud satisfied, did not contain the taxes assess
ed against him lor bis said real estate tor the
The plaIntiff complains secondly: That on
the 2Otn day OF May, 1872, he satisfied q tax
execution for taxes assessed against him for
the said real estate for the year 1871; and that
at that time he was informed and believed
TOW yuQ n r
the said real estate. Aud plaintiff further
claims, That subsequent to the purchase Of
said real estate by the defendant (William
McAllister,) made an agreement With hlm
(plsiutifD that the defendant would reiinquish
ali right and title to the said real estate, on
being paid the amount of purchase money and
the interest thereon; and tnat ON the 2sth day
OF August, 1872. and at divers times before or
that date, plaintiff rendered the defendant the
whole amount OF purchase money With Inter-
est thereon, which amount respondent refns-
ed and threatened to perfect the title to the
said real estate In his own name.
The plaintiff further complains that he has
been refused the right OF redemptian OF the
said property.
taxes upon the said property at the time that
he satisfied the execution for the taxes asses.
sed against him for the year 1871, he certainly
had notice OF the fact of such misunderstaId-
jnp by the advertisements Of the county audi
tor of the said delinquent land, as the auditor
of each county is required by law to make
such advertisement for certain length OF
time previous to the day Of sale. Also when
did with the defendant, and which agreement
Is not denied by defendant, IL shows that he
1.-THE plaintiff) was aware ofthe fact that some
thing was requisite Tor hlm to do In order that
he might retain the title to said real estate.
As to the tender OF the amount OF purchase
money and interest thereon BY the plaintif to
defendant as alleged by plaintif ana denied
by defendant Is an Issue Of fact TO De deter
mined elsewhere. 1t is claimed By plaintiff
that by the act of the General Assembly paes-
ed March 18th, 1872, entitled "An act to
amend an act entitled an act providing for the
assessment aud taxation Of property, passed
September 10th, 1868, and all acls amendatory
thereto, under which The said property was
sold. that he has the right OF redemption:
The right 10 have certain length OF lime
In which to redeem real estate sold for taxes
ia one which is sacred, dear and highly cher.
ished by every property holder; therefore o
libersl construction should be given to all
statutes touching that right: The act ot tne
General Assembly passed September iotn,
1868, .sprovlding for the assessment and taxa.
tion of property" was amended by an act Of
the General Assembly passed March l2lh, 1877,
already referred to. The Hath section Of the act
of September 10Th, 1868, allowed certain
length of time before deed could be given to
the purchaser of lands at any delinquent land
sale.
THAT section is as follows:
uNo deed shall be made lor any real estate
sold at DELINQUENT land sale until the explra-
lion of two years from and alter sncn SAFE,
nor shall auv survey thereof required BY any
certificate OF purchase be made until tne eXpl-
ration of the same period OF time."
Section ll6, which refers tothe right Oh re-
demption, Is as follows:
"All real estate which has been or may
hereafter be sold for taxes, assessment and
nenalties at delinquent sales under the laws
of this State, may be redeemed at any time
within two years from and after such sale. and
ali reol estate belonging at the time OF sucn
sale to minors, Insane persons. married
women or persons in confinement, may De
redeemed at any time Within two years IRON
and after the expiration OF such disabilities"
II will be perceived by section ia that no
deed was 10 be made 'for any real estate sold
at DELINQUENT land sale until the expiration Of
two years. and by section 1l6 Of the same act
that land sold at any such delinquent sale
might "be redeemed at any time within Two
wears from and after such sae." Therefore, 1t
ia clear that when land was sold al any SUCH
delinquent land sale, such land might be re-
deemed any time within two years, or before
chaser; but after the two years had expired the
purchaser was entitled to the deed as the title
passed to the purchaser, and there could be
no redemption.
The said section Of the act of Assembly Of
September l5, 1868, vas amended by the act
of Assembly of March II, 1872, (acts OF A.
l87l-72. D. 1881 section ia, was amended "by
strlkine out the words two years. and insert.
inc in lieu thereof the words ninety days."
Thereby declaring that mo deed should be
made for real estate sold at delinquent land
sale until the expiration of ninety days. sec.
lion li6. which defines the limit OF the Time
for redemption as striking out the words Two
years." wherever the same appears therein.
and inserting in lieu thereof ''ninety days."
Section III, which defines the mods OF re-
demption, and requires persons desiring to re-
deem. to commence action within certain
time: such action, by the said section of the
ACT. was TO be commenced "wthin one year
after ,he date thereof, or within one year alter
the expiration of the disabilities named In the
nrecedlpe section" (section ll6.) This Sec
Hon was amended by striklDg out the words
tione wear" wherever the same appeared there.
in. and inserting IN lieu thereof "lhIrLy days.
and bv striking out the words 1.-TWO years"
wherever the same appears therein, and in
sertInr the words ''Ainely days" in lieu there
of. Therefore, If q person whose real estate
has been sold for delinquent taxes since the
S..,a.o al tbo ont nf March 10Th 1872 wishes