Wilbur v. Smith
Supreme Court of South Carolina
Before Wallace, J., Charleston, March, 1886. This appeal involved the question whether a landlord could distrain on the demised premises for rent in arrear, personal property embraced in a chattel mortgage, then past due. The rent distrained for was all in arrears when the chattel mortgage was executed, and the mortgage was made to F. J. Smith, as trustee for certain creditors therein named. Other matters are stated in the opinion.
1Opinion of the Court
The opinion of the court wras delivered by
Mr. Justice McGowan.
In September, 1884, William Knobeloch, as executor, leased to one William McComb two stores in Meeting street, Charleston, at the yearly rent of $1,300, *332payable monthly. There was some delay in collecting the rent, and in April, 1885, the sum of $650 was due for rent in arrear. On April 8, 1885, the said McComb executed a mortgage of the stock of goods in the leased stores to F. J. Smith, trustee, for the purpose of securing certain promissory notes which he had given; and a few days thereafter, viz., on April 11, the said Smith,…
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