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STANDARD SAVINGS & LOAN ASSOC. v. EVANS

19135

255 S.C. 207 (1970)

178 S.E.2d 145

STANDARD SAVINGS & LOAN ASSOCIATION, Respondent, v. Frank A. EVANS, United States of America, Hygrade Food Products, and South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

December 4, 1970.

Attorney(s) appearing for the Case

Messrs. Joseph O. Rogers, Jr., United States Attorney, Wistar D. Stuckey, Assistant United States Attorney, of Columbia, and Robert V. Zener, and Judith S. Seplowitz, of Washington, D.C., for Appellants.

George M. Lee, Jr., Esq., of Columbia, for Respondent.

December 4, 1970.

LITTLEJOHN, Justice.

The sole question for determination on this appeal is whether a second mortgage lien acquired through a Small Business Administration loan has priority over the attorney's fee for a first mortgage foreclosure brought by Standard Savings & Loan Association. The lower court held that the claim of the first mortgagee's attorney for a fee for bringing the foreclosure action had priority over the second mortgage debt....

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