Owens v. Gentry

Citations

• 30 S.C. 490
• 9 S.E. 525
• 1889 S.C. LEXIS 127

Syllabus

<p>1. Papers, relevant to the defence, may be introduced in evidence by defendant when proved on cross-examination of a witness for the plaintiff, and before the plaintiff closes.</p> <p>2. In action against a sheriff to recover damages for seizing plaintiff’s crops, under a lien given by her husband, the issue was whether plaintiff had allowed her husband to manage her land in all respects as his own. Held, that evidence that the husband had in his own name rented a part of this land to another, was relevant.</p> <p>3. If the lien was given by the husband, in his own name, with the knowledge of the wife, to secure payment for fertilizers advanced to make a crop on her land, the crop so made is bound by the lien.</p> <p>4. A warrant to enforce an agricultural lien was properly issued on an affidavit by the agent of the lienee, charging that deponent believes the lienor is disposing of his crop with intent to defeat the lien, because, as deponent has been informed and believes, the lienor has sold several bales of cotton (the exact number unknown), and has applied no part of the proceeds to the lien, and after promising to make a payment on the debt on a stated day, failed to do so, although he sold a part of the crop in the meantime.</p> <p>5. The judge did not err in prescribing to the jury the form of their verdict, if they found for plaintiffs.</p>