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· 9/24/1883

Richey v. DuPre

Citations

  • 20 S.C. 6
  • 1883 S.C. LEXIS 120

Syllabus

<p>1. In action for claim and delivery of personal property, a non-suit should not be granted, the plaintiff having proved possession.</p> <p>2. In action against a sheriff for the recovery of a bale of cotton, which he had previously sold, or for the value thereof, and for damages, a verdict for a stated amount in money is not invalid, the form of the verdict not being objected to at the time.</p> <p>3. A mere laborer for hire, although employed in the crop, is not a cultivator of the soil in the sense of the statute, and is not entitled to give an agricultural lien upon any part of the crop before settlement with his employer.</p> <p>4. An employe, who is to receive a part of the crop as compensation for his services, is a laborer for hire.</p> <p>5. In action at law by the purchaser of a bale of cotton, against the sheriff) for claim and delivery, the court cannot adjust the accounts between the producers of the cotton, they not being parties, one of whom had made the sale, and the other being the debtor under the lien levied.</p>

Judges: McGowan

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