Whaley v. Jacobson

Citations

• 21 S.C. 51
• 1884 S.C. LEXIS 71

Syllabus

<p>1. A contract between a landlord and one M., which, taken as a whole, gave to M. the possession of the land for the year, was substantially a lease, and gave M. such an interest in the crops to be made thereon as enabled him to enoumber it with liens for advances, subject to the landlord’s lien for rent to the extent of one-third of the crop.</p> <p>2. Where a landlord leased land to a tenant for a stipulated rent, and also agreed. to make advances, which were to be repaid out of the crop, but the contract was not recorded nor filed, the landlord cannot, in action against the sheriff, recover for such advances the crop 'made by the tenant on this land, the sheriff having seized it under a warrant issued upon a merchant’s recorded lien of later date, given by the tenant.</p> <p>3. A landlord, to secure a lien for. advances made to his tenant, or for rent exceeding one-third of the crop, must comply with the same terms and conditions as are imposed by the statute upon all others.</p>