Legal Opinion

Townsend v. Sparks

Supreme Court of South Carolina

Decided September 13, 1897PublishedCited by 6 opinions

Before Watts, J., Marlboro, December, 1896. Proceedings before clerk of court to foreclose an agricultural lien by John R. Townsend against William A. Sparks. Upon motion, Circuit Judge set aside warrant.

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Before Watts, J., Marlboro, December, 1896. Proceedings before clerk of court to foreclose an agricultural lien by John R. Townsend against William A. Sparks. Upon motion, Circuit Judge set aside warrant. Plaintiff appeals. cite: Point not presejited below not considered here: 31 S. C., 445. Statement of amount due in affidavit sufficient: 24 S. C., 122; 6 Ind., 309. Circuit Court Rule 69 not applicable., and penalty not authoi'ized: 32 S. C., 157; Code, 450; 18 Stat., 56; 46 S. C., 42; 31 S. C., 452. Affidavit legally filed: 30 S. R. A., 498; Rev. Stat., 782; 1 Gil., 575; 2 Blackf., 247; 25…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an appeal from an order vacating a warrant of attachment issued against respondent at the instance of appellant under the agricultural lien law. Under this warrant the crops of respondent were seized by the sheriff. Respondent, as plaintiff, brought an action of claim and delivery against the sheriff and appellant, as defendants, and gave bond to obtain the delivery of the said crops to him; but upon the sheriff and appellant executing the required bond, the property was retained by the sheriff. Thereafter, respondent moved…

2Cited by6 opinions

  1. Fox v. UNION-BUFFALO MILLSSupreme Court of South Carolina · 1955
  2. Sparks v. GreenSupreme Court of South Carolina · 1904
  3. Sparks v. GreenSupreme Court of South Carolina · 1910
  4. Ellison v. CambySupreme Court of South Carolina · 1977
  5. Plumley v. StewartSupreme Court of South Carolina · 1932

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