If the person to whom such advances have been made shall, within thirty days after such sale has been made, give notice in writing to the sheriff, accompanied with an affidavit to this effect, that the amount claimed is not justly due, the sheriff shall hold the proceeds of such sale subject to the decision of the court upon an issue which shall be made up and set down for trial at the next succeeding term of the court of common pleas for the county in which the person to whom such advances have been made resides. In such issue the landlord who makes such advances shall be the actor.
HISTORY: 1962 Code Section 45-507; 1952 Code Section 45-507; 1942 Code Section 8775; 1932 Code Section 8775; Civ. C. '22 Section 5696; Civ. C. '12 Section 4166; Civ. C. '02 Section 3062; G. S. 2398; R. S. 2517; 1878 (16) 410; 1944 (43) 1321.
Structure South Carolina Code of Laws
Title 29 - Mortgages and Other Liens
Chapter 13 - Agricultural Liens
Section 29-13-10. Lien of landlord for rent and advances.
Section 29-13-20. Laborer's lien on crops.
Section 29-13-30. Priorities among landlord and laborer liens.
Section 29-13-40. Indexing of landlord's lien for advances.
Section 29-13-50. Lien for supplies advanced.
Section 29-13-60. Seizure of crop to prevent defeat of lien.
Section 29-13-70. Notice that amount claimed not justly due; proceeds to be held.
Section 29-13-80. Enforcement in magistrate's court.
Section 29-13-90. Contest of amount due when enforcement in magistrate's court.
Section 29-13-100. Requisites of affidavits and statements; motion to vacate warrant of seizure.
Section 29-13-110. Bond of applicant.
Section 29-13-120. Lien creditor proceeding before debt becomes due.
Section 29-13-130. Recovery of crop severed on giving of bond.