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BB & T OF SOUTH CAROLINA v. KINDWELL

No. 3514.

350 S.C. 382 (2002)

565 S.E.2d 316

BB & T OF SOUTH CAROLINA, a/k/a Branch Banking and Trust Company, Appellant, v. Lisa Smith KIDWELL, William Brian Kidwell, d/b/a Signature Residential Mortgage, and John H. Franklin, Defendants, Of whom John H. Franklin is, Respondent.

Court of Appeals of South Carolina.

Decided June 10, 2002.

Attorney(s) appearing for the Case

J. William Ray, of Greenville, for appellant.

David G. Ingalls, of Spartanburg, for respondent.

HOWARD, J.

This is a mortgage foreclosure action in which two competing mortgagees, having simultaneously recorded mortgages which cover the same real property, each claim first lien status. Branch Banking and Trust Company of South Carolina ("BB & T") appeals the master-in-equity's order finding John H. Franklin's recorded mortgage constitutes a first lien on certain commercial property, which Brian and Lisa Kidwell (collectively "the Kidwells") purchased from...

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