Greenwood Petroleum Co. v. Wingard

HUFF, Judge:

Greenwood Petroleum Company commenced this action by distraining the inventory, fixtures and equipment of its holdover tenant, Westside Pharmacy, pursuant to S.C.Code Ann. § 27-39-210 (1991). J.M. Smith Corporation, the holder of a perfected security interest in the seized property, claimed priority in the proceeds of the sale of the distrained property. The magistrate and circuit courts denied Smith’s claim of priority. Smith appeals. We affirm.

ISSUE

Whether a landlord’s right to distrain property for past due rent takes priority over a perfected security interést in the property.

F…