Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1882-03-23
Agricultural Lions.
IMPORTANT DECISION by THE SUPREME
C0Unr OF SouTH CAROLINA.

The question of priority between tho
lien OF the laodlord aud that of the mcr
chant being of frequent occurrence, the
toIowipg decision just rendered will be read
with interest:
Kennedy vs. Reames and Miller.
The defendant, Miller, agreed with the
defendant. Rcamcs, to cultivate certain
farm belonging to Rcamcs aud to receive
for his tabor one third of The crop to be
produced upon the place; u'ject, huwcvcr.
to the payment of any cl.im Rcancs might
have against Miller for money or supplies
which might be advanced to him during The
year. This agreement was verbal, but un,
der it Miller went iutu possession of the
farm. lilo received somc supplies from
Reames, and desiring more, during the
year, he gave pIainriF lien under the act
Of Mnrch 4th, 1868, II Stat, HI, pur-
porting to be Oh all the crop to be made
on the farm that year, to secure an advance
for agricultural purposes, to be made hy
the sid pIairlif There were made urnn
the place that year five bales of cotton aud
a small qunntty of corn The cntton was
received ty R,ames aud the proceeds rr-
tanned, Eut did not satisfy his >h re Of two
thirds aud advances. The corn was dvi,.,d
aud one third, forty or liIty bushels, was
left IN the hunds OF Miller. who disposed f
it. 10 December of that year, the pIain-
tiff took out undrr the Arl, an az, cultnral
warrant against Miller. The sheriff how.
ever. found no part of the crop in the pp>-
session Of Miller. The plaintiff thru
brought this action in the Circuit Court
against both Rcanrs aud Miller, praying
that the five bales Of cotton, Which Reames
got, he produced to satisfy lis DEBT, or
that the money arising from the sale
Judge gave judgment FIR $40 and interest,
tor the pla,nnif against the dctcnduut
R"mcs. who appealed.
The Suple,ne Court decides MS follows:
Miller was a mere hireling to be paid IN
kind aud hpd no right to giva lien npon
the crop, which belonged to Rramrs until
the third pat was delivered to him (Nliicr)
in payment for his lator. See Huff rs.
Watkins, Mss. December, 10Th Marcn,
1881. Assuming th,t Miller Was "cn!.
livatnr of the soii' in the sense Of the Act
Of 1878, 50 ns to be able to give the lieu.
he was tcnabt OF ltcuncs The soil OF
which lie was the cultvator belonged To
Rrnmcs, aud in rcns0o aud justice the
amount due for such use ani occupation
was ns much an advance for agricultural
purposes as any supplies that could be fur
nShcd him.
Section 5 Of the Act provides "that the
above section shall be suhjcct to tho provis-
i"us of the fullnwns sections of the Ao.:
That each landlord leasing binds for auri-
cultural purposes shall have II prior aud
preferred lien for rent to tic cxteut uf one
third Of all tho crops raised on his lands.
and cnturccnhle in the same manncr rs liens
for advances, which said lien shalt be valid
without ec"rd,ng or filing" So th,t
Rramrs had preferred s,atntnry lien to the
extent at least of one third of the crop.
AS to the remainder Of his share of tie
crop he had no lien, rs he had uot flied an
agreement; hut that was dcut which Mil
Ter owed kcannes, and which he paid by
transferring to him thu whole OF the cot.
ton ma9c on tho place. Rea'ues is nat le-
gully rcsPons!hle under the Act of 1878 for
receiving the cotton, selling it aud applying
the proceeds to the balance of his debt lie
was nota party to the agreement with
pinintif Tie statute declared the lien and
affidavit and warrant in the hands Of the
sheriff to sciz" the crap itself wherever
fonnd, but not the proceeds received from
the sale Of tho crop. The warrant Was is
sued ADD failed to secure any pant Of the
crnp, aud this nctinn was instituted to have
eicacy given to the statutory hen. The
lien given was right, which The defective
machinery Of the Statute failed to give the
means ~ enforcing. AS the right of tho
Plaintiff Gid not exist ut common law, but
was entirely the creature of statute, the
Court cannot supply tho remedy aud go
beyond that afforded by the statute. Me-
I.aughin w. Railroad Company. s Rich.
598; Sternbcrgcr VS. MoSwean, MSS, De-
ocmhcr 30, July, 1880.
Judgment below reversed. Opinion by
McGowun, y j.
Mr.. Jnsrph II Earle for appellants.
Messrs. lIaypesworth & Cooper ior re-.
spondcnt.
a GooD IIoUsEwIFE.--A good house
wifo, when she is giving her house its
epring renovating, should bear in mind
that the dear inmates of her house arc moro
precious than many houses, and that thei,
systems need cleansing by purifying the
blood. regulating the stomach aud bowels tc
prevent and cure the diseases arising from
spring malaria and miasma and sho must
! know that there is nothing that will do il
so perfectly aud surely as Hop Bilters, the
purcst and best of medicines. = Concord
(N H) Patriot.
There arc ten million men hinder arms ii
Europe at this time