South Carolina Statutes
§ 22-3-1450 — Claim to taken property by third person.
South Carolina·Title 22 MAGISTRATES AND CONSTABLES·Ch. 3 JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS
If the property taken be claimed by any other person than the defendant or his agent and such person shall make affidavit to his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve such affidavit upon the constable, the constable 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 constable against such claim by an undertaking executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff and are freeholders and householders of the county. No claim to such property by any other person than the defendant or his agent shall be valid against
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Legislative History
HISTORY: 1962 Code SECTION 43-180; 1952 Code SECTION 43-180; 1942 Code SECTION 263; 1932 Code SECTION 263; Civ. P. '22 SECTION 219; Civ. P. '12 SECTION 86; Civ. P. '02 SECTION 77; 1870 (14) 80.
Nearby Sections
15
§ 22-3-10
Concurrent civil jurisdiction.§ 22-3-1000
Motion for new trial; appeal; exception.§ 22-3-1010
Itemized costs.§ 22-3-1110
Questionable title; defendant's answer.§ 22-3-1140
Procedure if undertaking not delivered.§ 22-3-1150
Plaintiff, issue with title.§ 22-3-1160
Title, questionable, causes of action.§ 22-3-1180
Circuit court, costs.§ 22-3-1310
Property, claim and delivery action.