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CRYSTAL ICE CO. OF COLA. v. FIRST COLONIAL CORP.

20944

273 S.C. 306 (1979)

257 S.E.2d 496

CRYSTAL ICE COMPANY OF COLUMBIA, INC., Respondent, v. The FIRST COLONIAL CORP. and George Bruce Shealy, Charles Marshall Duke, Fred C. Meetze, Carolina, Rock Wool Co., Inc., and First Citizens Bank and Trust Company of South Carolina, Baker-Brown Builders, Inc., and U.S. Fidelity and Guaranty Company, of whom George Bruce Shealy is Appellant.

Supreme Court of South Carolina.

July 19, 1979.

Attorney(s) appearing for the Case

Walter F. Going of Going & Going, Nina G. Reid and Gene V. Pruet of Nexsen, Pruet, Jacobs & Pollard, Columbia, for appellant.

Robert W. Dibble, Jr., of McNair, Konduros, Corley, Singletary & Dibble and Michael W. Tighe of Callison, Tighe, Nauful & Rush, Columbia, for respondent.

July 19, 1979.

NESS, Justice:

Heretofore, on the 23rd day of April, 1979, this Court filed its opinion in this case. It is now before us as a result of a petition for a rehearing. Upon a consideration of the petition, it is ordered that our former opinion be withdrawn and the following substituted therefore.

The case concerns the priority of two mortgages, a purchase money interest acquired by appellant Shealy and a mortgage executed by the purchaser...

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