Link v. Barksdale
Supreme Court of South Carolina
Before Townsend, J., Abbeville, June, 1904. Action by M. J. Link against W. D. Barksdale. From1 Circuit order reversing magistrate judgment, plaintiff appeals. cites: Party selling cotton on which there is a lien and retaining proceeds after instruction to apply, is liable to action for money had and received: 35 S. C., 187; 43 S, C., 459; 53 S. C., 132; 69 S. C., 350; 59 S. C., 86. cites: The contention of appellant is not supported by our cases_, but his remedy is to seize…
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Before Townsend, J., Abbeville, June, 1904. Action by M. J. Link against W. D. Barksdale. From1 Circuit order reversing magistrate judgment, plaintiff appeals. cites: Party selling cotton on which there is a lien and retaining proceeds after instruction to apply, is liable to action for money had and received: 35 S. C., 187; 43 S, C., 459; 53 S. C., 132; 69 S. C., 350; 59 S. C., 86. cites: The contention of appellant is not supported by our cases_, but his remedy is to seize the cotton: 14 S. C., 38; 1 Bail., 237; 15 S. C., 549; 43 S. C, 49; 53 S. C., 132.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appeal in this case is from' an order of the Circuit Court reversing a judgment on verdict in the magistrate court. The summons in the magistrate court contained this statement as te» the cause of action: “Complaint having been made unto me by M. J. Link that you are indebted to him in the sum of $24.98, the proceeds of 225 pounds of lint cotton, worth 111-16 cents per pound, on which plaintiff had a lien, by reason of having rented land to Jim Ed, for the year 1903, you well knowing at the time you received said money that it was…
2Cases cited2 opinions
- Graham v. SeigniousSupreme Court of South Carolina · 1898
- Michalson v. AllSupreme Court of South Carolina · 1895
3Cited by3 opinions
- Bingham v. Harby & Co.Supreme Court of South Carolina · 1912
- Malcolm Mercantile Co. v. BrittSupreme Court of South Carolina · 1915
- Norwood Nat'l Bank v. Hutchings-Craig Co.Supreme Court of South Carolina · 1925