36 S.C. 497 | S.C. | 1892
The opinion of the court was delivered by
The appeal in this case questions the correctness of the judgment rendered against appellant under an indictment charging him with having violated the provisions of section 2515 of the General Statutes by selling certain personal property covered by a lien. We learn from the agreed statement of facts set out in the “Case,” that one Hendrix rented from the prosecutor, Brucke, for the year 1891, certain lands for agricultural purposes, agreeing verbally to pay as rent therefor one thousand pounds of lint cotton ; and that during the spring of that year Hendrix applied for and obtained from the appellant advances in money, to be expended in the production of the crops to be grown by said Hendrix upon said lands, to the amount of seventy-five dollars, securing the payment thereof by a chattel mortgage, in the usual form, upon all his crops of corn and cotton to be grown by said Hendrix during that year on said lands, as well as about twenty-five dollars worth of fertilizers, for which he gave his note, and what purported to be a lien on said crops, though the same was not signed by the appellant, Reeder. At the time of procuring these advances Hendrix informed Reeder of the terms of his contract with Brucke for the rent of said lands.
On or about the 25th of November, 1891, nothing having been paid on said advances, the appellant, Reeder, under the power contained in his mortgage, seized about thirty-five bushels of corn and about 250 lbs. of seed cotton, grown on the lands rented from Brucke, and immediately advertised the same for
It is clear, therefore, from the terms, '■'■Any person or persons,” as well as from the exception contained in the proviso, that it shall not apply where the person making the sale has no knowledge or notice of the antecedent mortgage or lien, that the section forbids, not only the mortgage or lien debtor from selling personal property covered by a mortgage or lien without complying with the terms of the section, but also any other person, as the mortgage or lien debtor must necessarily have knowledge or notice of the mortgage or lien. Hence, although the defendant here w'as not the mortgage or lien debtor, the section applies to him ; and, indeed, no question seems to have been raised as to this. It seems to us that the language of the section above quoted leaves no room for doubt that there was no error on the part of his honor, Judge Hudson, in instructing the jury that “if one holding a mortgage or agri
The judgment of this court is, that the judgment of the Circuit Court be affirmed.