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NATIONAL BANK OF S.C. v. SMOTTS

0040

280 S.C. 126 (1984)

311 S.E.2d 98

The NATIONAL BANK OF SOUTH CAROLINA, Plaintiff-Respondent, v. Charles E. SMOTTS, Robert E. Lee Chrysler-Plymouth, Ivan Huntley, South Carolina National Bank, Gibbes Volkswagen, Inc., & Stanley Ehlers, Defendants, of whom Charles E. Smotts is the Appellant, v. TRANSOUTH FINANCIAL CORPORATION, Defendant and Third Party Plaintiff, v. The NATIONAL BANK OF SOUTH CAROLINA, Charles E. Smotts, Robert E. Lee Chrysler-Plymouth, Ivan Huntley, South Carolina National Bank, Gibbes Volkswagen, Inc., & Stanley Ehlers, Third Party Defendants.

Court of Appeals of South Carolina.

January 9, 1984.

Attorney(s) appearing for the Case

Walter G. Newman of Atkinson, Davis & Newman, Sumter, for appellant.

William E. DuRant, Jr., of Schwartz & DuRant, Sumter, for plaintiff-respondent.

Jan. 9, 1984.

GARDNER, Judge:

This is a foreclosure action against appellant Smotts. Judge Ernest A. Finney issued a foreclosure decree not providing for deficiency judgment; subsequently, Judge Dan F. Laney, Jr., in further proceedings, issued his order granting deficiency judgment to respondent National Bank of South Carolina. From this order, Smotts appeals. We affirm.

Respondent bank, by its original complaint, sought foreclosure of a third mortgage...

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