DANA v. PEURIFOY, RECEIVER

Messrs. D.W. Robinson and D.W. Robinson, Jr., for appellant, cite: Rights of parties where new lease was entered into after the lien of the chattel mortgage attached Sec. 5285, 5286, Code. Construed: 107 S.C. 280. Mortgage lien attached to the fixtures immediately on the vesting of title in Hendrix Co.: 129 S.C. 58-65. A corporation must do some affirmative act to become liable on a contract made in its behalf by its promoters: 14 C.J., 262; 17 A.L.R., 452; 49 A.L.R., 674. Lease agreements not recorded within statutory period are void against chattel mortgagee: Sec. 5270, Code. Statute stricter than bailment statute: 125 S.C. 332. Messrs. Melton Belser, and Halcott P. Green, for respondent, cite: Failure to comply with Circuit Court Rule 28 by appellant in exceptions: 98 S.C. 211. Where the order from which notice of appeal is served is not appealable, the notice does not act as a supersedeas: 76 S.C. 189. Even after filing of return in Supreme Court on an appeal from a non-appealable order, the Circuit Court still has jurisdiction: 109 S.C. 358. Neither the order transferring the cause from Calendar I to Calendar 2, nor the refusing to direct issues for a jury are appealable: 52 S.C. 461. Decisive of questions involved at bar: 107 S.C. 280. Cases distinguished: 123 S.C. 350 Law of distress: Secs. 5283, 5285, 5286, Code; 26 S.C. 331; 36 S.C. 75. If property is purchased for a proposed corporation it will become liable upon the contract if, when organized, it takes the benefit of it: 17 A.L.R., 489, 495.