Sharp v. Palmer
Supreme Court of South Carolina
Before Fraser, J. Anderson, February, 1889. Motion to vacate warrant of seizure for crop rents issued by W. K. Sharp against P. B. Palmer. The appeal was from the following order refusing the motion : This case came before me at the term of the court held in February, 1889, on a motion to quash or set aside a warrant issued by the deputy clerk to foreclose a lien for rent.
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Before Fraser, J. Anderson, February, 1889. Motion to vacate warrant of seizure for crop rents issued by W. K. Sharp against P. B. Palmer. The appeal was from the following order refusing the motion : This case came before me at the term of the court held in February, 1889, on a motion to quash or set aside a warrant issued by the deputy clerk to foreclose a lien for rent. I will consider the grounds on which this motion is made in the order in wdiich they are stated in the notice of the motion. 1. The affidavit on which the warrant was issued states positively that the defendant “is about to…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The plaintiff claiming to have, as landlord, a statutory lien on the crops of his tenant, the defendant, to secure the payment of rent, procured from the clerk of the Court of Common Pleas a warrant, based upon an affidavit, a copy of which is set out in the “Case,” for the seizure of said crops, at the same time executing a bond, as required by the act of 1885 (19 Stat., 429). with surety, but neither the plaintiff nor his surety were required to justify. Under this warrant the sheriff seized a portion of the crops made by…
2Cited by6 opinions
- Plumley v. StewartSupreme Court of South Carolina · 1932
- Sabb v. RichardsonSupreme Court of South Carolina · 1923
- Cook v. CookSupreme Court of South Carolina · 1917
- Coker & Co. v. BarfieldSupreme Court of South Carolina · 1906
- Fretwell v. BranyonSupreme Court of South Carolina · 1903
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