Warren, Wallace & Co. v. Lawton

Citations

• 14 S.C. 476
• 1881 S.C. LEXIS 14

Syllabus

<p>1. Crop of A was sold after his death, under warrant, to enforce an agricultural lien, which, was executed by him during his lifetime. Within thirty days after sale, the administrator of A, claiming the proceeds of sale, gave notice to the sheriff of such claim, and at the same time served an affidavit that no advances were made under the lien to be used in making the crop so sold, but that the lien was only executed to secure the repayment of money paid to a third person to settle an old debt due by A. Held, that this affidavit sufficiently raised the issue which, under the statute, must be determined by trial in the Court of Common Pleas; and, meantime, a rule against the sheriff, moved for by the lienees, was properly discharged.</p> <p>2. The creditor is entitled to the summary remedy of the act only where the money is due for advances made to enable the debtor to make the crop, and the affidavit required of the debtor to raise the issue for trial is sufficient if it denies indebtedness under the lien.</p>