Virginia-Carolina Chemical Co. v. Kirven

Citations

• 57 S.C. 445
• 35 S.E. 745
• 1900 S.C. LEXIS 59

Syllabus

<p>1. Reply — Agricultural Lien. — On trial of issue of amount due under agricultural lien made up at instance of defendent, he is not entitled to reply in evidence.</p> <p>2. Evidence. — A Photograph of an insect is competent evidence to represent it, when the picture is shown to represent the original.</p> <p>3. Ibid. — Opinion.—A witness may give his opinion, based on facts capable of reproduction in language after first stating such facts.</p> <p>4. Ibid. — Fertilizers.—In absence of evidence that a particular fertilizer contained iron pyrites, experiments as to their effect on crops are irrelevant in defense of failure of consideration to action for purchase price.</p> <p>5. Agricultural Lien. — It is not essential to the validity and lien of an agricultural lien that the advances secured thereby be actually used in the cultivation of crops on the lands mentioned therein.</p> <p>6. Evidence. — It is competent to show the effect of a particular fertilizer on crops other than those of lienor, in defense of failure of consideration to action for purchase price.</p> <p>7. Agricultural Lien. — Advances made for cultivation of a crop before execution of lien to secure payment, are not covered thereby.</p> <p>8. Ibid. — Res Judicata. — How much was due on an agricultural lien, was not adjudged in refusal of motion to vacate lien attachment for improvident issuance, for if any amount was due, the attachment was not improviden.tly issued.</p>