Stewart v. Gregg

Citations

• 42 S.C. 392
• 20 S.E. 193
• 1894 S.C. LEXIS 52

Syllabus

<p>1. Distress eor Rent — Purchaser.—The purchaser of the liindlord’s title under judicial sale is entitled to the subsequent rent afterwards due by a tenant under lease, and may recover the same by action at law, but, in the absence of evidence to show that the tenant has attorned to the new landlord, payment of such rent may not be enforced by distress.</p> <p>2. Iran. — Distress for rent is authorized only when a sum certain is reserved for rent, and, therefore, may not be enforced by a purchaser of land against a tenant of the former owner, where the rent reserved was fifty-four hundred pounds of lint cotton for the land and two mules — how much of this rent was for land and how much for the two mules being uncertain.</p>