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SANDERS v. SALLEY

0311

283 S.C. 458 (1984)

322 S.E.2d 829

Andrew H. SANDERS and Robert E. Scott, d/b/a S & S Farm Supply, Respondents, v. Willie SALLEY and the Administrator of the Small Business Administration, agent for the United States of America, of whom Willie Salley is Appellant. Appeal of Willie SALLEY.

Court of Appeals of South Carolina.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Richard E. Miley, of North Augusta, and Franklin D. Beattie, Jr., Aiken, for appellant.

Richard J. Breibart, Lexington, and Barry Johnson, Aiken, for respondents.

Heard Sept. 19, 1984.

Decided Nov. 7, 1984.

BELL, Judge:

S & S Farm Supply commenced this action to foreclose a mortgage on property owned by Willie Salley. Salley raised the affirmative defense of usury. The circuit court entered judgment for S & S and ordered foreclosure. Salley appeals. We affirm.

The primary issue on appeal is whether the mortgage held by S & S was a first mortgage at the time it was executed. If it was, Salley...

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