UNITED CAROLINA BANK v. CAROPROP, LTD.

No. 1988.

429 S.E.2d 197 (1993)

UNITED CAROLINA BANK, as Trustee under IRA dated June 25, 1987, for Lloyd D. Auten, Appellant, v. CAROPROP, LTD., a South Carolina Corporation, and First South Savings Bank, Inc., of whom First South Savings Bank, Inc., is Respondent.

Court of Appeals of South Carolina.

Decided April 5, 1993.

Rehearing Denied May 3, 1993.


Attorney(s) appearing for the Case

James M. Brailsford, III, and John S. Taylor, Jr., both of Robinson, McFadden & Moore, Columbia, for appellant.

Steven M. Anastasion, of Callison, Tighe, Robinson & Anastasion, Columbia, for respondent.


GOOLSBY, Judge:

United Carolina Bank, as trustee under IRA for Lloyd D. Auten (Auten IRA), brought this action against Auten IRA's cotenant, Caroprop, Ltd., and First South Savings Bank, Inc., a second mortgagee, for partition of certain property that Auten IRA and Caroprop owned as tenants-incommon. Caroprop defaulted. First South cross-claimed for foreclosure of Caroprop's undivided interest in the property. The trial judge referred the case to the masterin-equity...

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