State v. Reeder

Citations

• 36 S.C. 497
• 15 S.E. 544
• 1892 S.C. LEXIS 96

Syllabus

<p>1. Landlord and Tenant — Lien on Crops. — Where the rent reserved for a farm is one thousand pounds of lint cotton, the lien of the landlord is not limited to the cotton grown on the demised farm, nor enforceable thereon only primarily, but, under the express terms of the statute, covers all the crops made on the place.</p> <p>2. Ibid. — Ibid.—Notice.—A person taking a lien for advances with knowledge of a rent contract between the lienor and his landlord for the farm on which the advances are to be expended, is chargeable with knowledge of the prior lien given by law to the landlord.</p> <p>3. Sales op Personal Property — Prior Liens. — The statute (Gen. Stat., § 2515), which prohibits any person from selling any personal property on which a lien exists, where he has notice of the lien, or unless he pays the proceeds over to such lien, applies to all persons, and not to the lien debtor alone, and applies also to sales made under junior liens.</p> <p>4. Criminal Law — Intent.—The act of selling, after notice of the prior lien, and without a proper application of the proceeds, being made criminal, the motive or intent of the seller is an immaterial inquiry.</p> <p>5. Sales op Personal Property — Prior Liens. — -A junior mortgagee may sell under his mortgage, provided he has no notice of the senior lien, or, having such notice, applies the proceeds of sale to the older lien ; but, otherwise, his sale is a violation of this statute.</p> <p>6. Criminal Law — Subsequent Statute. — This statute applies to all cases of sales of personal property on which a prior lien exists, and therefore applies to a case where the prior lien was obtained under the terms of a statute enacted subsequent to the statute declaring the offence.</p> <p>7. Ibid. — Advice op Counsel. — A defendant cannot defend himself from a criminal charge by showing that he was advised by his legal counsel that the act was not criminal.</p>