Parrott v. Malpass
Supreme Court of South Carolina
Before Watts, J., Darlington, March, 1896. Action by Frank Parrott against R. V. Malpass, in claim and deliyery, for possession of certain personal property distrained by defendant, as landlord, for rent for lands used for agricultural purposes. Magistrate gave judgment for plaintiff. Defendant appealed. Circuit Court affirmed judgment below.
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Before Watts, J., Darlington, March, 1896. Action by Frank Parrott against R. V. Malpass, in claim and deliyery, for possession of certain personal property distrained by defendant, as landlord, for rent for lands used for agricultural purposes. Magistrate gave judgment for plaintiff. Defendant appealed. Circuit Court affirmed judgment below. Defendant appeals. cites: 5 Rich., 59; 36 S. C., 497; 4 McC., 544; 33 S. C., 255; 20 S. C., 484; 36 S. C., 27; 12 Rich., 349;' 19 S. C., 450; 23 S. C., 235; Harp., 94; Owen, 84; 2 Taunt., 109; 13 M. & W., 534. cite: 14 S. C., 162; 5 Rich. L., 241; 5 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant, Malpass, claiming a balance of $90, as rent due him as landlord, by respondent, Parrott, as tenant, caused to be seized, under a landlord’s distress warrant, certain goods of the tenant, found on the demised premises. The tenant, Parrott, brought an action before a trial justice to recover the goods, alleging that the rent had been paid before the seizure. The issue turned on the construction of the written contract of lease, the material clauses being as follows: “And the party of the second part, in consideration of…
2Cited by3 opinions
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- Hamilton v. BlantonSupreme Court of South Carolina · 1917