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FIRST UNION NAT. BANK v. SMITH

No. 2189.

445 S.E.2d 457 (1994)

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Respondent, v. Ronnie Gene SMITH and Bill Smith, Appellants.

Court of Appeals of South Carolina.

Decided May 23, 1994.

Attorney(s) appearing for the Case

Willard D. Hanna, Jr., and Charles V. Leonard, of Harris & Hanna, Surfside Beach, for appellants.

John P. Henry, of Thompson, Henry, Gwin, Brittain & Stevens, Conway, for respondent.

GOOLSBY, Judge:

First Union National Bank of North Carolina brought this action under the Statute of Elizabeth, S.C.Code Ann. § 27-23-10 (1991), to set aside a mortgage issued by Ronnie Gene Smith to his father, Bill Smith. The master set aside the mortgage, finding that the Smiths failed to establish a valid debt between them and that Ronnie Smith gave the mortgage to his father to delay, hinder, and prevent First Union from collecting the debt owed to it by...

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