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6 S.C. 74

Hunter v. Wardlaw

Supreme Court of South Carolina

Decided January 20, 1875

Supreme Court of South Carolina · decided 1875-01-20

Before COOKE, J., at Abbeville, April, 1874. Action by Samuel Hunter, appellant, against Wardlaw & Edwards, respondents, to recover the possession of a mare and a mule. On the 8th of March, 1872, the appellant gave to the respondent an agricultural lien, under the Act, for an amount not to exceed $175, with a mortgage of the mare and mule and other chattels as further security.

Cited by 2 later decisions — most recently July 1916

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-01-20

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¶1The opinion of the Court was delivered by

Wright, A. J.

¶2The appellant executed to the respondent an instrument in writing, called an agricultural lien, on all his crop to be grown during the year 1872; and, to further secure respondents, this instrument reads as follows: “I do hereby mortgage to said Wardlaw & Edwards all my horses, mules and other stock, to wit: One bay mare, (Lucy,) one bay mule, (Jim,) two milk cows, (one white and one red,) one yoke of oxen, (Buck and Bill.)”

¶3The amount advanced to appellant was one hundred and seventy-five dollars ($175.)

¶4The appellant paid at various times during the year 1872 (the year for which the lien was given) one hundred and ninety-two dollars and ninety-five cents ($192.95); aud this amount of money was realized from the sale of the crop raised in the same year, and algo by the sale of beeves and the yoke of oxen mentioned in the instrument of writing called the agricultural lien. Therefore the payment of the debt for which the lien was given was satisfied, and His Honor the presiding Judge should have so held.

¶5The first ground of appeal fully disposes of this case.

¶6The motion is granted, and a new trial ordered.

Moses, C. J., and Willard, A. J., concurred.
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