The news and herald. (Winnsboro, S.C.) 1877-1900, 1877-11-01
DELINQUENT TAX TITLES.


An Important Opinion by Judge Kor-
shawThe Right of Redemption Of
Forfeited Lands.
The following opinion was rom
derel by Hon. j. b. Korshaw, at
the recent term of tho Circuit Court
for Lancaster county:
Margaret Cousart and II. w.
Cousart, her husband, plaintiffs, VS..
Jane Clark and Joseph Clark, her
husband, and j. r., Hunter, defcnd-
ants. In tho Court Of Comm on
Pleas.
This action was brought on for a
hearing at the September term OF
the Court for Lancaster county,
1877.
1t appeared rs matters Of fact
that the plaintiff, Margaret Cousart,
was seized and possessed of Ger
tain lOt Of land in the town Of Iancas-
ter, as hcir-at law Of Mary Thomp-
son (who diod November II, 1874
and as the grantee Of her cohcirs
under a decd dated October 2Sth,
1876, she being then, and at the
hearing, the wife Of her co-plaintiff.
That the said lot Of land was
assessed in 1875 for taxation in the
name Of Mary Thompson, prior to
thc date Of tho decd on the said
Margaret Cousart.
That it WAS returned as delin-
quont land in 1876, and sold us
such in default of payment Of taxes,
June 5th, 1876, and bid off for the
defendant, Jane M. Clark, less 535
inches, for the sum or 1920, being
the amount Of taxes and expenses
then due thereon, and on the Sd
day of October, 1916, the auditor
executed his deed for the lot SO
sold to the said Jane NJ. Clark, in
the usual form. That on the 18th
of October, 1876, the plaintiff,
Margaret Cousart, by her attorney,
". a. Moore, rendered to the
treasurer Of Lancaster county the
sum of fifty dollars and thirty cents,
the amount certified to be nccess>-
~ to redeem the land, and Dc
mandcd to be permitted to redeem
the same by the payment of said
sum, which tender and demand
were refused by the treasurer.
The defendant Jane Clark Dc
mandcd Of the defendant james r..
Hunter, the sheriff ofLancastcr coun-
~, 80 be put i'll possession Of the
land which had been bid off by Il
survey and plat attached to the
auditors decd, and notices to
Vacate were accordingly served on
the plaintiff by the said sheriff, and
tho plaintiffs seek by this action to
cnjoin said proceedings.
BY the second section of tho act
Of 1874, under which the assess
mcnt of the said lot for taxes was
made, it is declared that the hus-
band is liable to pay all taxes on
real estate held in right of his wife,
(AV. Stat 1917 and by section
third of tho same act, subdivision
4, the property Of the wife is re
qui1ed to be filed by tho husband,
if living and sane, or the parties ore
residing together.
These duties and liabilities being
thus primarily fixed by law upon
the husband, the wife is relieved of
the responsibility therefor, and sho
is protected against the consc-.
Qucnce Of amy failure or neglect OF
the husband in these particulars,
by section 100 Of the same act
which enacts that all real estate
sold thereafter for taxes, otc., be-
longing at the time of sale to mar
ricd women may be redeemed at
any time within ninety days from
and after tho expiration Of such
disability meaning i'll this instance,
OF course, cOverturo. Tho defend
AM contends tlyat under this cl use,
ii it be operative ut all, tho pla ntilf,
Margaret Cousart, has no right OF
redemption until after the tcrIlina-
tion OF dc cOyertnrc. The more
reasonable construction appears to