56 S.E. 668 | S.C. | 1907
February 9, 1907. The opinion of the Court was delivered by The defendant was convicted and sentenced in a magistrate's court for entry after notice, under section 186, Criminal Code, which provides that "Every entry upon the lands of another, after notice from the owner or tenant prohibiting the same, shall be a misdemeanor," etc. This judgment was affirmed by the Circuit Court, and defendant appeals to this Court.
The owner of the land, McIntyre, having contracted to lease the same to the prosecutor, Campbell, for the year 1906, Campbell executed and delivered his note, under seal, dated November 8th, 1905, promising to pay the rent, sixty-five hundred pounds of lint cotton, on October 1st, 1906, and securing same by lien on the crop, and further stipulating to keep the premises in good condition by cleaning ditch banks, hedge rows and water drains and to forbid all unlawful trespass upon the same. Peter Lide was tenant on the land for the year 1905. On January 1st, 1906, while Lide was still on the land and before Campbell took actual possession, which occurred several days later, Campbell gave notice to the defendant not to enter the premises. After this notice, defendant, on January 1st, 1906, entered and removed two loads of stable manure, claiming the same as his own. Upon these facts the appellant contends that his conviction was improper, on the ground that Campbell was not "owner or tenant," within the meaning of the statute, not being tenant in possession and having only the right to possession of the term, a mere interesse termini. *85
Campbell was undoubtedly a lessee of the premises on January 1st, 1906, and the owner doing nothing to prevent enjoyment of the land demised, he was liable to the owner under his covenant to pay rent, whether he actually entered or not. Maverick v. Lewis Gibbes, 3 McCord, 211. It is true, that under the common law a lessee has noestate in the land demised until he has entered into possession, and this circumstance may affect his right to certain remedies dependent upon his possession of an estate therein.Wilcox v. Bostick,
The exceptions are overruled and the judgment of Circuit Court is affirmed. *86