Sullivan v. Ellison

Citations

• 20 S.C. 481
• 1884 S.C. LEXIS 36

Syllabus

<p>1. A landlord’s lien for rent is not defeated by his taking a writing under seal, whereby the tenant promises to pay the amount agreed upon “for the rent of the place.”</p> <p>2. A landlord having given notice to a constable of his claim for the tenant’s past-due rent of the current year, after the constable had levied executions upon the tenant’s personal property, on the leased premises, and before removal, the landlord was entitled to judgment against the constable for the proceeds of the sale (they being less than the amount due for rent), the constable having sold the property and refused to pay such rent. Gen. Stab., I 1824.</p> <p>•3. This being “ an action for damages for injury to rights pertaining to personal property,” it was within the jurisdiction of a trial justice. Code, \\ 71, ¶ 2.</p>