The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1876-08-16
SUPREME COURT DECISION.
A0'o'' ~ Crops Construction Of Con.
ficting Statutes.

Crops Construction OF Con.
hicting Statutes.
h"lmTf'd Mr'Sn for TIE Ne,rs nm r"o';cs'
The act of >Awo. Is Statutes at
Largo, 227, relas>g to contracts
between owncrs of>Nmd, &C., and
laborers, applies to AND >protccts by
tho preference undor its NMird sec
ton only such contracts as>,arc in
writing. Where statute divests a
right, it must be strictly. construeA
and the party claiming it's benefit
must bring himself within all the
torms and conditions through which
al advantage to tho prejudice of an
other is to be enjoyed by him.
John L. Hair, appellant, VIZ. James II.
| Blouse and Benjamin McGrath,
respondents - Supreme Court,
April Term, 1S7G. Opinion,
Wright, A. J.
On the Goth day of March, 1871,
james Blease, one of the respon
dents in this case, rented Il parcel
of land from John l.. Hair, appellant,
for planting purposes: for which he
! agreed to pay thirty-two hundred
pounds of lint cotton. BY the terms
Of tho agreement, Hair was also to
advance to Blcasc supplies amount
ing in value to four hundred dollars,
which were furnished to the extent
Of four hun lrcd and forty dollars.
The terms of the contract were
reduced to writing, and fully On
pressed III an instrument duly re-.
corded in the Office of the registrar
of mcsne conveyance for Ncwbcrry
county, on 2lst March, 1871. For
the rent and the supplies to he nd
vanced, it-gave to Hair Il lien on all
the crops raised on the land for that
year. Blcase delivered to Hair
more than enough cotton to pay the
rent, and he also had in his hands
five bales stored at Ncwbcrry Court
house, which he had received from
Blease on account Of their contract.
1t further appears that the whole of
the crop raised OH the land SO rent
ed for the sail year, was through the
LABOR of one McGrath, aided by his
family. He had been hired by
Blease under IL verbal contract, by
which lie was to receive for his
services onc-tllird of the whole croD
raised. After the storing Of the
cotton BY Hair, McGrath instituted
s"it Quit against Blouse before II trial
justice for recovery Of his share of
the crop. rhe trial Justice attached
the cotton stored by Hair to abide
the event Of McGrath'S suit, ravr
judgment for certain amunnt
against Blcase,-and ordered satistuc..
tion made out of the cotton SO
stored.
Thcreupon Hair instituted this
action to cnjoin the sale made m,,lcr
the process Of the trial Justice, and
for the enforcement of his len for
agricultural supplies, against the said
cotton, to the exclusion of NlcGrath's
claim, for IN account between Blcasc
and McGrath, and for general relief.
The five bales of cotton were order
cd by the circuit Judge to be sold,
and the proceeds deposited in bank
to await thc determination of the
cause. An order WAS made referring
the case to a referee, to ascertain the
accounts between the parties, and n
report was filed on the testimony
heard before him. As in the view
of the court the material question
to be determined is, the priority Of
the respective liens asserted on the
one hand by McGrath. and ON the
other by Hair, it is entirely useless
to pass now upon the state of the
accounts referred to in the report
except to affirm the ruling of the
circuit Judge as to the rejection of
the items in the account of Blcasc
against McGrath, for the fircwood
and use of mule to haul it, and to
sustain the exception Of the appel
lant's counsel to the allowance of
interest on the debt due to NIeGrath.
AS the cotton was sold by tho order
of the court, no interest could daacruc
on the judgment when the property
out of which it was to be paid was
in compliance with the order, con
vertcd into money, hold subject to
the disposition to be finally made of
tho cause. The decision of the ma
tcrial question between the parties
is to be made alone in reference to
the existing law as it stood in 1871
in reference to the subject matter
for the respective contracts were
made in that year.
by the act of 1866, Q5 Statutes at
Large, $500 "Pcrsons making adj
vance or advances, in money or sup
plies, to nnv person or persons on
gagged or about to engage in cult
vating the soil, shall be entitled to q
lien on the crop which may be made,
during the year, upon the lands in
the cultivation of which the advances
SO made have been expended, in
preference to all other liens existing
or otherwise, to the extent of such
advance or advances provided, an
agreement in wriIing shall