Legal Opinion

Rainwater v. Merchants & Farmers Bank

Supreme Court of South Carolina

Decided June 28, 1920No. 10423PublishedCited by 5 opinions

Before Moore, J., Marlboro, Spring term, 1919. Action by Morton Rainwater, Julius L. Johnson and Rufus Powe against Merchants & Farmers Bank, of Cheraw, S. C. From judgment for defendant, the plaintiffs appeal. For former appeal in this case, see 108 S. C. 206. cite: It is conceded that a share cropper has no title to a crop superior or equal to that of a holder of a mortgage given by the landlord:• Code, vol.

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Before Moore, J., Marlboro, Spring term, 1919. Action by Morton Rainwater, Julius L. Johnson and Rufus Powe against Merchants & Farmers Bank, of Cheraw, S. C. From judgment for defendant, the plaintiffs appeal. For former appeal in this case, see 108 S. C. 206. cite: It is conceded that a share cropper has no title to a crop superior or equal to that of a holder of a mortgage given by the landlord:• Code, vol. I, sec. 3809; 18 S. C. 510; 20 S. C. 1; 79 S. C. 103; 70 S. C. 391. Any rights defendant may have had under the mortgages were waived: 40 C)^. 265g. Not only by agreement, but by…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

In 1914, plaintiffs were share croppers on lands of P. E. Hamer, and became indebted to him in various sums on account for advances made during the year. Hamer mortgaged his crop to defendant, and, as the cotton was gathered, it was delivered to defendant by consent of - plaintiffs, defendant agreeing to settle with them for their interest therein, after deducting what they owed Hamer.

After having so obtained possession of the cotton, defendant refused to settle with plaintiffs, and they brought separate actions against defendant…

2Cases cited2 opinions

  1. Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1917
  2. Malcolm Mercantile Co. v. BrittSupreme Court of South Carolina · 1915

3Cited by5 opinions

  1. Sumter Hardwood Co. v. FitchetteSupreme Court of South Carolina · 1925
  2. Gardner v. JarrettSupreme Court of South Carolina · 1922
  3. Mattison v. GlennSupreme Court of South Carolina · 1921
  4. Mattison v. GlennSupreme Court of South Carolina · 1921
  5. Wilson v. GarrisonSupreme Court of South Carolina · 1922

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