Elkin v. Gregory

Citations

• 30 S.C. 422
• 9 S.E. 335
• 1889 S.C. LEXIS 111

Syllabus

<p>1. Defendant’s crop having been levied upon under a warrant to enforce a rent lien in favor of A, defendant reclaimed his crop under section 2404 of General Statutes. This same crop was afterwards levied upon under a warrant to enforce a lien for supplies in favor of B. A then ruled the sheriff to show cause why he had failed to obey her (A's) warrant. B intervened, claiming priority, and the court adjudged that A had the superior lien; and there was no appeal. Afterwards, by the same judge, in another Circuit, and out of his own, an order was passed, without notice to B or the sheriff, requiring the sheriff to pay to the debt due to plaintiff so much of the crop levied upon as was sufficient. Held, that defendant had no status in court that would entitle him to resist this order, for it was directed to the sheriff under a rule to which defendant was no party.</p> <p>2. Held, further, that B could not object, the only issue between him and the other parties having been settled against him by a decree from which he had not appealed. If there be a surplus in the sheriff’s hands after paying A, B must look to the sheriff for redress.</p>