McCaslan v. Nance

Citations

• 46 S.C. 568
• 24 S.E. 812
• 1896 S.C. LEXIS 82

Syllabus

<p>1. Charge — Estoppel.—The charge of the trial justice in this case on the question of estoppel was not a denial of substantial justice.</p> <p>2. Agricultural Advances — Agricultural Lien. — The rent of a mule used in the cultivation of a crop may properly be included in the agricultural advances contemplated in the lien law, and be secured by a lien on such crop.</p> <p>3. Lienor — Lienee—■ Attachment. — A sheriff, under a warrant issued on an agricultural lien, may seize a lot of cotton in possession of the landlord, turned over to him for rent, when the amount so in his possession is more than the rent due, and he may sell the interest of the lienor in the cotton, .and the purchaser takes the possession of all, the landlord’s rent not being affected, purchaser and landlord then becoming tenants in common of the cotton.</p> <p>4. Claim and Delivery by a landlord is not the proper proceeding against a sheriff who has taken, under a lien warrant, a lot of cotton from a landlord turned over to him for rent, when the cotton is more than enough to pay the rent due. Dictum.</p>