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CLANTON'S AUTO AUCTION SALES, INC. v. HARVIN

17787

238 S.C. 352 (1961)

120 S.E.2d 237

CLANTON'S AUTO AUCTION SALES, INC., Appellant, v. William B. HARVIN, Committee for Stewart I. Harvin, Jr., d/b/a Harvin Motor Company; and Stephenson Finance Company, Inc., of whom Stephenson Finance Company, Inc., is Respondent.

Supreme Court of South Carolina.

May 25, 1961.

Attorney(s) appearing for the Case

Messrs. LeRoy M. Want, of Darlington, and John S. Hoar, of Sumter, for Appellant.

Messrs. Willcox, Hardee, Houck & Palmer, of Florence, and G. Werber Bryan, of Sumter, for Respondent.

May 25, 1961.

TAYLOR, Chief Justice.

This appeal arises out of an action in claim and delivery brought by plaintiff for possession of an automobile. The issues to be decided concern the priority of the respective claims of Clanton's Auto Auction Sales, Inc., and Stephenson Finance Company, Inc., to the proceeds of sale of the automobile in question, the car having been sold by agreement and the proceeds held pending...

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