Wilbur v. Smith

Citations

• 26 S.C. 331
• 2 S.E. 612
• 1887 S.C. LEXIS 82

Syllabus

<p>1. The provision in section 1826 of the General Statutes, that “no property shall be seized under a distress warrant for rent, except such as belongs to the tenant in his own right,” applies as well to property found on the demised premises as to that which has been removed away.</p> <p>2. After condition of a chattel mortgage is broken, the landlord cannot distrain the mortgaged property for rent due by his tenant, the mortgagor ; because such property does not then belong to the tenant in his own right, but to the mortgagee.</p>