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TULLER v. NANTAHALA PARK CO.

21541

276 S.C. 667 (1981)

281 S.E.2d 474

Charlees B. TULLER, Jr., Not Individually But as Nominee of the Trustees of Cousins Mortgage Equity and Investments, an Unincorporated Business Trust Organized Under the Laws of the State of Georgia, Respondent, v. NANTAHALA PARK COMPANY, Hilton Head Plantation Company, Inc., also known as Hilton Head Plantation Company; Citibank; and First National Bank of Chicago, of which Hilton Head Plantation Company, Inc., also known as Hilton Head Plantation Company; Citibank and First National Bank of Chicago are, Appellants.

Supreme Court of South Carolina.

August 5, 1981.

Attorney(s) appearing for the Case

McKay, Sherrill, Walker & Townsend, Columbia, for Hilton Head Plantation Co., Inc.

Roof & Cox, Columbia, for Citibank, et al.

Callison, Tighe & Rush and Nelson, Mullins, Grier & Scarborough, Columbia, for respondent.

August 5, 1981.

LITTLEJOHN, Justice:

The issue presently before the court is the validity of a real estate mortgage given by defendant Hilton Head Plantation Co., Inc. (Hilton Head Co.) to plaintiff Cousins Mortgage Equity and Investments (Cousins)1. The Mortgage covers 58 acres on Hilton Head Island in Beaufort County, South Carolina.

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