Greeley v. Winsor
South Dakota Supreme Court
Appeal from district court, Minnehaha county. Action upon undertaking against loss or decrease in rents. A demurrer was interposed which was overruled. From order overruling demurrer defendant appeals. The facts are stated in the opinion. A provision in a lease of premises that “rents whether due or to become due thereunder shall be a perpetual lien upon the stock of goods contained or to be contained in the building” is absolutely void as to other mortgage creditors.
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Appeal from district court, Minnehaha county. Action upon undertaking against loss or decrease in rents. A demurrer was interposed which was overruled. From order overruling demurrer defendant appeals. The facts are stated in the opinion. A provision in a lease of premises that “rents whether due or to become due thereunder shall be a perpetual lien upon the stock of goods contained or to be contained in the building” is absolutely void as to other mortgage creditors. Reynolds v. Ellis, 103 N. Y. 115; § 4657 Comp. Laws. The instrument is not a transfer for it does not convey the title. § 3222…
1Opinion of the CourtKellam, J.
On the 3d day of October, 1883, respondent, who was then the owner of a store-building in the city of Sioux Falls, leased the same, by a written contract, to Waxman & Co., for the term of five years, which lease was duly filed for record October 12, 1883; in the office of register of deeds of the proper county, and “was duly entered upon the chattel mortgage calendar of said office.” The lease contained the following provision: “That said rents, whether due or to become due, shall be a perpetual lien on any and all gbods and merchandise, furniture and fixtures now contained, or which may at…
2Cases cited2 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Harman v. HoskinsMississippi Supreme Court · 1878
3Cited by7 opinions
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Egan State Bank v. RiceCourt of Appeals for the Eighth Circuit · 1902
- Greeley v. WinsorSouth Dakota Supreme Court · 1891
- In re GeiverDistrict Court, D. South Dakota · 1912
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1895
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