Legal Opinion

Markert v. North Augusta Warehouse & Fertilizer Co.

Supreme Court of South Carolina

Decided April 18, 1917No. 9671PublishedCited by 1 opinion

Before Prince, J., Aiken, Action by P. M. Markert against the North Augusta Warehouse & Fertilizer Company: From a judgment for plaintiff, defendant appeals. cite: As to innocent purchaser: 6 S. C. 159. Plaintiff’s lien: 96 S. C. 313. Notice to defeat rights of innocent purchaser: 35 Cyc. 346; 70 S. C. 274; 75 S. C. 264 and 560; 59 S. C. 146.; 70 S. C. 489. Remedy of lienee: 14 S. C. 38; 15 S. C. 548; 1 Bailey 238; 43 S. C. 459; 53 S. C. 132; 105 S. C. 157; 69 S. C. 350.…

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Before Prince, J., Aiken, Action by P. M. Markert against the North Augusta Warehouse & Fertilizer Company: From a judgment for plaintiff, defendant appeals. cite: As to innocent purchaser: 6 S. C. 159. Plaintiff’s lien: 96 S. C. 313. Notice to defeat rights of innocent purchaser: 35 Cyc. 346; 70 S. C. 274; 75 S. C. 264 and 560; 59 S. C. 146.; 70 S. C. 489. Remedy of lienee: 14 S. C. 38; 15 S. C. 548; 1 Bailey 238; 43 S. C. 459; 53 S. C. 132; 105 S. C. 157; 69 S. C. 350. Money had and received: 35 S. C. 187; 70 S. C. 489. cites: As to time of notice: 53 S. C. 137; 69 S. C. 350; 70 S. C. 274…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

The plaintiff brings this action for the value of certain bales of cotton that were in the possession of and sold by the defendant. The plaintiff claims that he had a lien on the cotton for rent, and that he notified the defendant of his lien before sale, and while the defendant was still in possession of the cotton. The cotton had been sold and delivered to the defendant by the plaintiff’s tenant.

In so far as pertinent the facts can be stated as the questions arise.

1 1. Appellant says: “The disputed point and the point raised by…

2Cases cited1 opinion

  1. Parks v. Laurens Cotton MillsSupreme Court of South Carolina · 1904

3Cited by1 opinion

  1. Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930

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