Supreme Court of South Carolina, 1922

Wilson v. Garrison

Supreme Court of South Carolina · Decided February 27, 1922 · MR. CHIEF JUSTICE GARY.

110 S.E. 806; 118 S.C. 329; 1922 S.C. LEXIS 32 (South Eastern Reporter)

Counsel

Mr. R. Lee Wilson , for appellants, cites: Tenant entitled to possession until division is made: 23 R.C.L. 870, Sec. 19; L.R.A. 1917 C, 1111; 71 N.C. 7 . Tenant can give valid crop mortgage: 88 S.C. 373 . Mortgagees of tenant entitled to rights of tenant after condition broken: 107 S.C. 258 . Messrs. Green Earle , for respondent, cite: Claim and delivery will not lie for property which cannot be identified: 23 R.C.L. 862; 12 S.W. 498; 35 Ark. 169 . Tenant's mortgage not entitled to anything until division made between landlord and tenant: 102 S.C. 499 ; 107 S.C. 322 . Landlord may sue: 24 Cyc. 1277. Replevin proper remedy: 34 Cyc. 1392.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice .Gary.

This is an action in claim and delivery, to recover the possession of two bales of lint cotton. Under the direction of his Honor, the presiding Judge, the jury rendered the *333 following verdict: “We find for the defendants the possession of the property in dispute.” The plaintiffs appealed upon exceptions, which, together with the complaint, the answers of the defendants, and the reasons assigned by his Honor the presiding Judge for directing the verdict, will be reported.

It appears that the plaintiffs have misconceived their cause of action and their remedy, but have alleged enough to show that they are entitled to equitable relief: Mercantile Co. v. Britt, 102 S. C., 499, 87 S. E., 143; Hamilton v. Blanton, 107 S. C., 142, 92 S. E., 275; Driggers v. Cannon, 107 S. C., 322, 92 S. E., 1049; Rainwater v. Cheraw, 108 S. C., 206, 93 S. E., 770; Rainwater v. Cheraw, 114 S. C., 353, 103 S. E. 587.

The pleadings raise so many conflicting and intricate rights that they can only be adjusted on the equity side of the Court.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.