HENDRIX v. FRANKLIN

0837

292 S.C. 138 (1986)

355 S.E.2d 273

Rosa K. HENDRIX, Appellant v. Richard G. FRANKLIN, Mary E. Franklin, William J. McLaughlin, and Service Corporation of South Carolina, Respondents.

Court of Appeals of South Carolina.

Decided December 15, 1986.


Attorney(s) appearing for the Case

James B. Richardson, Jr., Columbia and James E. Barfield, Lexington, for appellant.

A. Camden Lewis and Keith M. Babcock of Lewis, Babcock, Gregory & Pleicones, Columbia, for respondents.


Heard Oct. 20, 1986.

Decided Dec. 15, 1986.

GARDNER, Judge:

Rosa K. Hendrix (Hendrix) brought this action to foreclose a second mortgage on property owned by Richard G. Franklin and Mary E. Franklin (the Franklins). The appealed order reversed the report of a special referee and held that the Franklins were not in default in payment of the installments due on the note and mortgage sought to be foreclosed. We reverse.

The note was for $210,000...

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