Sease v. Dobson

Citations

• 33 S.C. 234
• 11 S.E. 728
• 1890 S.C. LEXIS 133

Syllabus

<p>1. The statute gives a lion for agricultural supplies advanced under “an agreement in writing,” and provides an extraordinary remedy for the enforcement of this lien. Held, that where the instrument providing for the advances and a lien to secure them is not signed by both parties, but only by the person to whom the supplies are to be advanced, this statutory lien does not exist.</p> <p>2. At the trial of an issue raised under the extraordinary remedy provided by this statute, it being correctly ru,lod that no lien exists, testimony to prove that supplies had been furnished was properly excluded as irrelevant.</p> <p>3. The party against whom the warrant has been issued may contest the validity of the lien under an issue raised, in accordance with the provisions of the statute, as to whether the amount claimed is due; and this right is not waived by a failure to move before the clerk to have the warrant vacated.</p>