Owings v. Shaw
Supreme Court of South Carolina
Before Hon. W. W. Lewis, special Judge, Laurens, Action by M. J. Owings and others against T. M. Shaw and another. Judgment for plaintiffs, and defendants appeal. cite: As to accord and satisfaction: 1 Corpus Juris. 500; 1 R. C. L. 199, 200. Crop mortgages: Civil Code, sec. 4106. Tenancy at will: 10 Pick. 205; 81 Ind. 382; 50 L. R. A. 300; 88 Am. St. Rep. 756. cite: As to accord and satisfaction: 15 Rich. L. 327; 1 Am. St. Rep. 588. Removal of crops: 103 Am.
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Before Hon. W. W. Lewis, special Judge, Laurens, Action by M. J. Owings and others against T. M. Shaw and another. Judgment for plaintiffs, and defendants appeal. cite: As to accord and satisfaction: 1 Corpus Juris. 500; 1 R. C. L. 199, 200. Crop mortgages: Civil Code, sec. 4106. Tenancy at will: 10 Pick. 205; 81 Ind. 382; 50 L. R. A. 300; 88 Am. St. Rep. 756. cite: As to accord and satisfaction: 15 Rich. L. 327; 1 Am. St. Rep. 588. Removal of crops: 103 Am. St. Rep. 745; 1 Washb. R. P. (4th ed.) 136; 41 Am. Rep. 131.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
D. H. Counts leased certain lands from defendant, Shaw, for a term of five years, which expired December 31, 1915. On February 3, 1914, Counts gave plaintiffs his note for $20,000, due October 1, 1914, and secured same by mort gage (besides other things) of all crops to be raised by him that year on the Shaw lands, and covenanted to harvest and deliver them to plaintiffs by October 1st. The mortgage was duly recorded. The condition thereof was broken. There is still due thereon about $13,000.
Counts failed to gather part of the…
2Cited by2 opinions
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- Virginia-Carolina Chemical Co. v. WellbrockSupreme Court of South Carolina · 1928