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PERPETUAL BLDG. & LOAN ASSOC. v. BRAUN

20630

270 S.C. 338 (1978)

242 S.E.2d 407

The PERPETUAL BUILDING AND LOAN ASSOCIATION OF ANDERSON, Respondent, v. Kenneth R. BRAUN, Walter M. Burckhalter, Harold C. Morris, W.W. O'Shields, James E. Simons, F.A. Townsend, Jr., John W. Tucker, E.W. Tucker, Jr., G. Emile Tucker, Aiken-Anderson, Inc., and American Lease Plans, Inc., and Miracle Mile Co., a General Partnership under South Carolina Law of whom Kenneth R. Braun, Walter M. Burckhalter, Harold C. Morris, W.W. O'Shields, James E. Simons, F.A. Townsend, Jr., John W. Tucker, E.W. Tucker, Jr. and G. Emile Tucker are, Appellants.

Supreme Court of South Carolina.

March 7, 1978.

Attorney(s) appearing for the Case

John T. Bodenheimer, Harte and Harte, of Aiken, and Thomas W. Weeks of Blatt, Fales, Bedingfield, Loadholt, Poole, Motley & Richardson, Barnwell, for Appellants.

Jones, McIntosh, Threlkeld, Newman & Cox, of Anderson, for Respondent.

March 7, 1978.

NESS, Justice:

The sole matter for review is the propriety of granting a deficiency judgment when it was not specifically demanded in the foreclosure complaint. We hold a deficiency judgment to be such an incident of mortgage foreclosure that it may be supported by a general prayer for relief.1 Accordingly, the order granting a deficiency judgment to respondent is affirmed...

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