BELL v. Of Whom Adolph Fraser is the, Appellant. | FindLaw
The order called for the issuance of a deed to Wife. This deed was not issued until , after the tax sale which is the subject of this action had been completed. Wife paid the property taxes each year. Wife, however, failed to pay the property taxes beginning in The deed of record in the land records office at the time continued to show Wife and Husband as the property owners.
The tax collector provided notice to Wife and Husband of the delinquency at the address of record. The taxes remained unpaid and the tax collector filed suit for a tax sale for delinquent taxes, providing proper notice to Wife and Husband. Adolph Fraser was the successful bidder at the tax sale.
The tax collector issued a deed for the property to Fraser in April , which was promptly recorded. Thereafter, the deed contemplated by the probate order was issued and recorded in August Wife then issued a quit claim deed to James Bell in September Bell brought an action for quiet title against Fraser.
Bell claimed the tax sale was invalid due to lack of notice on the Children. The master agreed that the Children retained an interest in the property as a result of Husband's death intestate.
The master set aside the tax sale for failure of the tax collector to provide notice to the Children. The master declared Bell's title good.
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Fraser appeals. The disposition of this appeal turns on the effect of the probate court order divesting the Children of their interest in the property. Fraser contends the probate court order divested the Children's interest, notwithstanding the failure in to issue and record the anticipated deed granting Wife title to the property. The question, then, is whether the issuance and recording of a deed was necessary to give effect to the probate court order. We find the probate court order was, by itself, sufficient to bind the Children and extinguish their interest in the property.
The South Carolina Supreme Court has described the effect of a probate court order on multiple occasions. Jones, 65 S. Crim, 52 S. Because the Children were parties to the probate court proceedings in , the probate court order divested Children of any interest in the property. This is so despite the approximate nineteen year lapse between the order and the issuance of the deed. Accordingly, when the tax collector was required to notify the property owners of the delinquent tax, Wife was the only owner.
The tax collector sent proper notice to Wife.
The tax collector properly complied with the strict notice requirements of South Carolina law. See S. Code Ann. Bulsa, S.
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