Lipscomb v. Johnson
Supreme Court of South Carolina
Before Rice, J., Cherokee, Spring term, 1922. Action by H. S. Lipscomb against R. E. Johnson and another. From a judgment for plaintiff on appeal from a Magistrate, defendants appeal. The decree of Judge Rice is as follows: The above appeal was heard by me at the winter, 1921, term of Court for said County. The action was a claim and delivery, and involved the possession of a bale of cotton, or rather the right to such possession.
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Before Rice, J., Cherokee, Spring term, 1922. Action by H. S. Lipscomb against R. E. Johnson and another. From a judgment for plaintiff on appeal from a Magistrate, defendants appeal. The decree of Judge Rice is as follows: The above appeal was heard by me at the winter, 1921, term of Court for said County. The action was a claim and delivery, and involved the possession of a bale of cotton, or rather the right to such possession. The cotton was produced by one Wofford Kirby on the lands of the plaintiff. Defendants took possession of it under a chattel mortgage executed to it by said Kirby.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Frase;r.
This is an action in claim and delivery for one bale of cotton. The plaintiff claims the bale of cotton because it was made on his place by one Wofford Kirby, a share-cropper. Kirby gave a mortgage on one bale of cotton to the defendants. -¡ The defendants claim that Kirby was a tenant merely of Lipscomb, and not a share-cropper. The contract between the plaintiff and Kirby was in writing, and reads:
“South Carolina, Spartanburg County.
“This contract entered into between H. S. Lipscomb, employer,-of the first part, and Wofford…
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