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EX PARTE J.M. SMITH

No. 2825.

330 S.C. 479 (1998)

498 S.E.2d 908

Ex parte J.M. SMITH, Appellant. In re GREENWOOD PETROLEUM COMPANY, INC., Respondent, v. Thomas D. WINGARD and all personal property and fixtures located at Westside Pharmacy, Defendant.

Court of Appeals of South Carolina.

Decided April 13, 1998.

Rehearing Denied May 21, 1998.

Attorney(s) appearing for the Case

Judson K. Chapin, III, of Gaines Walsh & Chapin, Spartanburg, for appellant.

Charles M. Watson, Jr., of the Watson Law Firm, Greenwood, for respondent.

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...

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