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LAWYERS TITLE INS. CORP. v. ELMWOOD PROP.

19396

258 S.C. 221 (1972)

187 S.E.2d 799

LAWYERS TITLE INSURANCE CORPORATION, Respondent, v. ELMWOOD PROPERTIES et al., Appellants.

Supreme Court of South Carolina.

March 28, 1972.

Attorney(s) appearing for the Case

Messrs. Henry H. Edens and Charles F. Cooper, of Columbia, for Appellants.

Messrs. Cooper, Gary, Nexsen & Pruet, of Columbia, for Respondent.

Messrs. Henry H. Edens, and Charles F. Cooper, of Columbia, for Appellants, in Reply.

March 28, 1972.

LEWIS, Justice:

The issues to be decided arise out of an agreement between the parties with respect to conflicting mortgage liens over certain real property in Richland County.

The appellant, Elmwood Properties, was the owner and holder of a note secured by a duly recorded mortgage of certain real estate, dated July 13, 1955, from William M. Swindler, Sr., and James T. Swindler to Mutual Savings and Loan Company. The mortgage was in...

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