Boag v. Woodward

Citations

• 33 S.C. 247
• 11 S.E. 726
• 1890 S.C. LEXIS 131

Syllabus

<p>A landlord, having a first lien on the crop to be made by his tenant, endorsed on a subsequent lien for supplies, given by this tenant to a merchant, as follows : “I hereby waive my landlord’s lien for rent to the extent of §75, reserving the right to give or take the first bale weighing 400 lbs., and bale about afterwards.” The tenant made only three bales. The landlord took the first, the merchant the second, and both claimed the third. Held, that the waiver, construed as a whole, meant that the landlord would .not claim his lien in its entire priority, but would yield to the merchant the second and every other alternate bale until the merchant was paid §75; and, therefore, that the landlord was entitled to this third and last bale.</p>