Creswell v. Smith
Supreme Court of South Carolina
Before Aldrich, J., Abbeville, October term, 1900. Action for proceeds of crop seized under rent lien by-Thomas V. Creswell and Jane Creswell, against Robert Smith.
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Before Aldrich, J., Abbeville, October term, 1900. Action for proceeds of crop seized under rent lien by-Thomas V. Creswell and Jane Creswell, against Robert Smith. From judgment for plaintiffs, defendant appeals. cite: If a deed is to be construed as a mortgage, there must be a debt: 31 S. C., 280; 16 Ency., 780-1, 782, 785; 1 L. R. A., 243; 1 Hilliard on Mtg.s p. 96, sec. 2, pp. 97-99; 42 Col., 75; 14 Pick., 467755 S. C., 51. If deed and defeasance are to be held a mortgage, they must be between same parties: 1 Hilliard on Mtg., p. 98; 15 Ency., 790; 14 Pick., 480. Evidence must be clear…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendant, as constable for Magistrate Price in Abbeville County, seized two bales of cotton as the property of Henry Cox, by virtue of a warrant issued by said magistrate under an agricultural lien for rent, at the instance'of A. T. Robinson, claiming as landlord. The tenant, Cox, raised no question. The plaintiffs, however, appeared before the magistrate and claimed that the cotton should be turned over to them for rent, as owners of the premises. Under an issue framed by the magistrate between the Creswells and Robinson, the…
2Cited by8 opinions
- Clements v. JonesSupreme Court of Georgia · 1928
- Leland v. MorrisonSupreme Court of South Carolina · 1912
- Brockington v. LynchSupreme Court of South Carolina · 1922
- Mason v. FinleySupreme Court of South Carolina · 1924
- Ditto, Et Ux. v. Bank of GilletteWyoming Supreme Court · 1928
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