Gaston v. Brandenburg

Citations

• 42 S.C. 348
• 20 S.E. 157
• 1894 S.C. LEXIS 49

Syllabus

<p>1. Estoppel — Agricultural Lien. — Where a farmer agrees to take four bales of cotton at ten cents per pound, to be sold by him and applied to the cultivation of a crop, and gives to the seller a note for the cotton so to be received, and secures the payment of this indebtedness by giving a lien on the crops to be raised during the yeai', declaring that the consideration is supplies to be advanced and furnished by the lienee, and the lienee after-wards delivers the cotton, having no notice of any other intended disposition of this cotton, the lienor is estopped from resisting the execution of a warrant to enforce this lien by showing that the cotton was sold by him and applied to purposes other than the raising of crops.</p> <p>2. Ibid. — What-is required to work an estoppel, stated.</p> <p>3. Ibid. — Evidence.—Testimony is incompetent to prove facts at variance with what has been so stated as to work an estoppel.</p> <p>4. Agricultural Lien — Affidavit—Bond.—A warrant to enforce an agricultural lien will not be vacated for failure of the clerk of court to mark “filed” the affidavit upon which the warrantiwas issued, or to require probate of the lienee’s signature to the bond then given by him and witnessed by the clerk.</p>