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MILLS v. KILLIAN

20925

273 S.C. 66 (1979)

254 S.E.2d 556

Josie B. MILLS, Respondent, v. B.S. KILLIAN, Mamie L. Killian, J.I. Kislak Mortgage Corporation, First Carolina Savings and Loan Association and J. Carlisle Oxner, Defendants, of whom First Carolina Savings and Loan Association is Appellant, and J. Carlisle Oxner is also a Respondent.

Supreme Court of South Carolina.

April 3, 1979.

Attorney(s) appearing for the Case

David W. Robinson, II, Columbia, for appellant First Carolina Savings and Loan Association.

Roy D. Bates, Columbia, for defendants Killian, et al.

Samuel H. Carter, Columbia, for defendant J.I. Kislak Mortgage Corp.

J. Carlisle Oxner, Columbia, for respondent Oxner.

Robert C. Elliott, Columbia, for respondent Mills.

April 3, 1979.

NESS, Justice:

This is a mortgage foreclosure. We affirm in part and reverse in part.

In 1955, W.L. Glisson conveyed the instant property to C.R. Estabrook subject to the mortgage of the predecessor of First Carolina Savings & Loan, the appellant. Thereafter, Estabrook gave a second note and mortgage to Johnny L. Baker to secure a loan of $2,700.00. This second mortgage was assigned to the respondent, Josie B. Mills.

In 1958...

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