C & S NAT. BANK v. FIRST PAL. STATE BANK

21955

279 S.C. 252 (1983)

305 S.E.2d 80

Ex Parte CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA, as Executor and Trustee of the Estate of William J. Brockington, Respondent, v. FIRST PALMETTO STATE BANK AND TRUST COMPANY, INC., and Daniel W. Davis, Jr., and John W. McIntosh, d/b/a Lincoln Investments, Respondents, of whom First Palmetto State Bank and Trust Company, Inc., is Appellant. In re CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA, as Executor and Trustee of the Estate of William J. Brockington, Plaintiff, v. Daniel W. DAVIS, Jr., and Carla Donen Davis (formerly Carla Donen Goldstein), d/b/a Donen Enterprises, Liberty Life Insurance Company and Daniel W. Davis, Jr., and John W. McIntosh, d/b/a Lincoln Investments, Defendants.

Supreme Court of South Carolina.

July 14, 1983.


Attorney(s) appearing for the Case

Joe E. Berry, Jr., of Berry, Dunbar & Woods, Columbia, for appellant.

James S. Chandler, Jr., of Callison, Tigh & Rush, Columbia, for respondent.


July 14, 1983.

NESS, Justice:

Respondent C & S Bank instituted this action upon a Petition and Rule to Show Cause to require appellant First Palmetto State Bank to partially release a mortgage. Appellant contends the trial court lacked jurisdiction. We agree and reverse.

Respondent obtained an order in a previous action requiring Lincoln Investments, a partnership, to partially release the mortgage. Although Lincoln Investments assigned the mortgage...

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