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GEORGIA RAILROAD BANK & TRUST CO. v. DOOLITTLE

20847

272 S.C. 249 (1979)

252 S.E.2d 556

GEORGIA RAILROAD BANK AND TRUST COMPANY, Respondent, v. William C. DOOLITTLE and Peggy L. Doolittle, Appellants.

Supreme Court of South Carolina.

January 9, 1979.

Attorney(s) appearing for the Case

Franklin D. Beattie, Jr. and C. Wesley Smith, Aiken, for appellants.

O. Douglas Smith of Smith & Murphy, North Augusta and O. Palmour Hollis of Nixon, Yew, Waller & Capers, Augusta, Ga., for respondent.

January 9, 1979.

GREGORY, Justice:

This appeal is from the order of the lower court foreclosing a mortgage held by respondent Georgia Railroad Bank and Trust Company [Bank] on certain real property of appellants Mr. and Mrs. Doolittle. The issue is whether any defenses available to Mr. and Mrs. Doolittle against the original mortgagee, Lost Wilderness, Inc., were available against the Bank, the assignee of the mortgage...

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