Cooley v. Perry

Citations

• 34 S.C. 554
• 13 S.E. 853
• 1891 S.C. LEXIS 77

Syllabus

<p>1. Distress Warrant — Assignment for. Creditors. — A distress warrant levied upon goods of the tenant on the demised promises, gives to the landlord a first lien ; and this would seem to be so, oven if the goods so levied had previously passed into the possession of an assignee under an assignment by the tenant for the benefit of his creditors.</p> <p>2. Ibid. — Creditor's Action. — A distress warrant may be levied after the institution of a creditor’s action, but before order is passed calling in creditors, the landlord not being a party to the action.</p> <p>3. Injunction — Parties.—A temporary injunction restraining parties to • the action and all other parties from interfering with goods of the principal defendant does not prevent the landlord, who was not a party to the action, from distraining those goods for past due rent; especially so when the distress was not made until after the injunction had expired.</p> <p>4. Distress for Rent — In Custodia Legis. — Goods in custodia legis may not be distrained for rent, but goods are not in the custody of the law when they arc the subject of an action for administration and appointment of receiver, but not yet put into the hands of any officer or agent of the court.</p>