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FIBKINS v. FIBKINS

1554

303 S.C. 112 (1990)

399 S.E.2d 158

Julia B. FIBKINS, Plaintiff, v. Carl E. FIBKINS, City Federal Savings Bank, First Maryland Savings And Loan, Inc., By And Through The State Of Maryland Deposit Insurance Fund Corporation, As Receiver, First South Savings Bank, United Capital Corporation, Henry Yaschik, Southern National Bank And Harold I. Sherman, Defendants, Of Whom First Maryland Savings and Loan, Inc., By and Through The State Of Maryland Deposit Insurance Fund Corporation, As Receiver, Is Appellant, And City Federal Savings Bank is, Respondent. Appeal of FIRST MARYLAND SAVINGS AND LOAN, INC., By and Through the STATE OF MARYLAND DEPOSIT INSURANCE FUND CORPORATION, as Receiver.

Court of Appeals of South Carolina.

Decided October 22, 1990.

Cert. Den. January 23, 1991.

Attorney(s) appearing for the Case

Morris A. Ellison and Henry B. Smythe of Buist, Moore, Smythe & McGee, Charleston, Jeffrey D. Herschman of Piper & Marbury, Baltimore, Md., and Thornwell F. Sowell of Nelson, Mullins, Riley & Scarborough, Columbia, for appellant.

Andrew K. Epting, Jr., and Dennis J. Christensen of Wise & Cole, Charleston, for respondent.

Heard September 17, 1990.

Decided October 22, 1990.

Cert. Den. January 23, 1991.

CURETON, Judge:

This case involves the priority of liens of the parties in a mortgage foreclosure action. The master held City Federal Savings Bank had priority over First Maryland Savings and Loan based upon "principles of equity and the doctrine of unclean hands." The circuit court judge affirmed the master on appeal. First Maryland appeals the decision of the...

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