Brewster v. McNab

Citations

• 36 S.C. 274
• 15 S.E. 233
• 1892 S.C. LEXIS 73

Syllabus

<p>1. Sale under Mortgage — Tenancy.—Where one purchases land sold by a mortgagee and receives a deed of conveyance under a power contained in the mortgage, which also contained the provision that any holding of the premises by the mortgagor after such sale and conveyance should be as tenant of the purchaser at a stipulated vent per month, and the mortgagor, remaining in possession, does not dispute a tenancy under such provision, the relation of landlord and tenant between the purchaser and mortgagor is established.</p> <p>2. Lien for Rent. — Is not rent for agricultural lands, though payable monthly, given a prior lien under the act of 1885, 19 Stat., 146, over the lien given to others for supplies advanced ?</p> <p>3. Distress for Rent — Lien.—A landlord has the right to distrain any property of the tenant found on the demised premises ; but does such</p> <p>' right give to the landlord a preference over liens created before the distress warrant was levied? • •</p> <p>4. Rent — Removal of Goods. — A landlord distrained and took into his possession crops made by the . tenant on the demised premises, after which these crops were seized under a warrant issued to enforce an agricultural lien, which had been executed after a portion of .this rent became due, but before the distress. H'eld, that under the statute forbidding goods or chattels to be taken “by virtue of any execution or any pretence whatsoever,” without payment to the landlord of all rent past due within a year, the crops so seized cannot be taken away from the landlord without payment of'the rent provided for in this statute. Only result concurred in.</p>