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SEC. FED. S & L ASSOC. OF AIKEN v. COLEMAN

22231

284 S.C. 394 (1985)

325 S.E.2d 546

SECURITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF AIKEN, Appellant, v. Jeane P. COLEMAN, L. Gene Coleman, J. Wayne Howell, Dorothy T. Howell and Annette Tompkins, Respondents.

Supreme Court of South Carolina.

Decided February 1, 1985.

Attorney(s) appearing for the Case

Robert E. Johnson and Robert L. Buchanan, Jr., of Williams, Johnson, Buchanan & Harte, Aiken, and Stephen A. Spitz, Columbia, for appellant.

James B. Richardson, Jr., Columbia, for respondents.

Heard Dec. 13, 1984.

Decided Feb. 1, 1985.

GREGORY, Justice:

The narrow issue in this case is whether a court sitting in equity may use its broad equitable powers in ordering a lending institution to take a note and mortgage from a party not of its choosing. Under the facts and issues presented by this case, we hold that it was error and reverse the decision below.

In 1978, the Colemans executed and delivered a note and mortgage to appellant...

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