Monday v. Elmore

Citations

• 27 S.C. 126
• 3 S.E. 65
• 1887 S.C. LEXIS 111

Syllabus

<p>1. The difference stated between an attachment issued irregularly and improvidently.</p> <p>2. Where the affidavit, upon which a warrant to enforce an agricultural lien was issued, states the renting of land by the affiant to the defendant, the giving of a note by defendant, its amount, that it was justly due and payment had been refused, the existence of the debt is sufficiently stated.</p> <p>3. And where the affidavit further 'stated that the rent note was due, and that defendants positively refuse to pay the said rent, and are actually disposing of the crops subject to the lion and to defeat the same, the trial justice properly issued the warrant.</p> <p>4. In attachment proceedings there is no prior existing lien, and the mere disposition of property does not show an intent to defraud; but under an agricultural lien the disposition of property to defeat its lien shows an unlawful intent.</p> <p>5. Where a rent note is given to two persons, one of whom afterwards dies, the survivor is entitled to the remedies given by law for its collection, no matter who owned the land.</p>