42 S.C. 348 | S.C. | 1894
The opinion of the court was delivered by
At the January Term, 1894, of the Court of Common Pleas for Spartanburg, in this State, a motion
From this decision A. W. Gaston has appealed to this court, alleging that the Circuit Judge erred: 1. In holding that the lien in this case was not a valid lien. 2. In holding that the advances made by Gaston to Brandenburg were not such as he could furnish under the laws of this State relating to agricultural liens, and the lien was, therefore, void. 3. In not holding that Brandenburg was and is estopped from taking the position that the articles advanced to him were not such articles as could be advanced under the lien law. The respondent gave notice that in the event this court could not sustain the judgment on the grounds on which it was based, he would ask that it be sustained on the additional grounds: 1. That his honor should have held that it was necessary to file the affidavit on which the warrant was issued in the office of the clerk of the (Circuit) court, and that a failure to do so was sufficient ground to vacate and set aside the warrant. 2. That his honor should have held that it was necessary for the bond or undertaking of Gaston to be witnessed and probated before it could be filed, and that a failure to do so was sufficient ground to vacate and set aside the warrant.
Now the serious question in this case occurs in this wise: Here is a lienor, not any other person — for it is not alleged that there is any other person affected one way or the other by this transaction between Brandenburg and Gaston — we repeat it, here is this lienor, Brandenburg, seeking to avoid his admissions in writing under his hand and seal, duly recorded as required by law, whereby he induced Gaston, the lienee, to part with his property under the stipulation that he, Gaston, would apply such advances so made to the making of a crop by himself and his tenants during that year 1891, on lauds specifically enumerated. Can he do it? We think he ought not to be allowed to do so. There is such a thing in law as an estoppel by conduct which will prevent such an injustice, and this principle of law
In the second place, the respondent suggests that the bond exacted of Gaston by the clerk before he issued the lien -warrant should have been witnessed and probated before it was filed. It seems that the said Gaston entered into the bond before the clerk of court, such clerk signing his name thereto as a witness. This bond was to protect Brandenburg. Suit thereon would have been at his instance. Could Gaston have successfully defended such suit because of such trivial irregularity? We think not. These suggestions of respondent are overruled.
It is the judgment of this court, that the judgment of the Circuit Court be reversed, and the cause remanded to the Circuit Court, with directions to formulate a judgment dismissing the motion of Brandenburg.