Simmons v. Martin

The opinion of the Court was delivered by

Mr. Justice - Fraser.

The plaintiff bought a store in the City of Greenville, in February, 1920. At the time of the purchase the store was occupied by E. L. Miller. Miller was in under a written lease that did not expire until October 1st of that year. Some time in the spring Miller sold out to a man named Stansell. Miller gave a chattel mortgage to the defendant, Mrs. Martin, before the sale to Stansell. This mortgage was not recorded until October 2, 1920. Before the expiration of the lease, the plaintiff told Stansell that after the 1st of October he…