If the property taken be claimed by any other person than the defendant or his agent and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the affidavit upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking executed by two sufficient sureties accompanied by their affidavit that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, and are freeholders and householders within this State. And no claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless made as aforesaid, and, notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.
HISTORY: 1962 Code Section 10-2515; 1952 Code Section 10-2515; 1942 Code Section 563; 1932 Code Section 563; Civ. P. '22 Section 479; Civ. P. '12 Section 267; Civ. P. '02 Section 237; 1870 (14) 472 Section 239.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 69 - Recovery Of Personal Property
Section 15-69-10. Time when immediate delivery may be claimed.
Section 15-69-20. Any one of several joint owners may sue for possession.
Section 15-69-30. Affidavit and requisites thereof.
Section 15-69-40. Notice of right to preseizure hearing.
Section 15-69-60. Manner of effecting service; when sheriff shall take and retain property.
Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.
Section 15-69-80. Notice and opportunity for preseizure hearing is required; waiver.
Section 15-69-90. Order restraining defendant from damaging, concealing or removing property.
Section 15-69-100. Determination upon affidavit showing danger of destruction or concealment.
Section 15-69-110. Service of affidavit of waiver or probability of destruction or concealment.
Section 15-69-120. Filing of notice and affidavit.
Section 15-69-130. Exception to sureties.
Section 15-69-140. When defendant shall be entitled to redelivery; undertaking.
Section 15-69-150. Amount of bond required of defendant when claim is for debt.
Section 15-69-160. Justification of defendant's sureties.
Section 15-69-170. Manner of qualification and justification of sureties.
Section 15-69-180. Taking of property concealed in building or enclosure.
Section 15-69-190. Keeping of property; sheriff's fees and expenses.