PARAMOUNT FUND, INC. v. CUSAAC

0229

282 S.C. 497 (1984)

319 S.E.2d 354

PARAMOUNT FUND, INC., Respondent, v. William CUSAAC, Bertie Lee Cusaac, Teresa C. Robinson, Eddie Mae Barnes, a/k/a Maxine C. Barnes, Edna James, Edward Cusaac, Roosevelt Cusaac, Henry Cusaac, Juanita Cusaac, Hamlin, Leroy Cusaac, Shirley Cusaac, and Lena Mae McCants, and John Doe, a fictitious person named to represent known and unknown heirs, minors, incompetents, persons non compos mentis, and anyone operating under a disability, who might have or claim to have any right, title and interest in and to the real estate which is the subject of this action, Defendants, of whom William Cusaac, Bertie Lee Cusaac, Eddie Mae Barnes a/k/a Maxine C. Barnes, Edna Mae James, Edward Cusaac, Roosevelt Cusaac, Henry Cusaac, Juanita Cusaac, Hamlin, LeRoy Cusaac, Shirley Cusaac, and Lena Mae McCants, are Appellants.

Court of Appeals of South Carolina.

Decided August 13, 1984.


Attorney(s) appearing for the Case

Russell W. Templeton, Columbia, for appellants.

E. Lee Morgan, of Hyman, Morgan, Brown, Jeffords and Rushton, Florence, for respondent.


Heard Jan. 26, 1984.

Decided Aug. 13, 1984.

BELL, Judge:

Paramount Fund, Inc., brought this action to foreclose an unrecorded mortgage of real property allegedly executed by an unknown agent or child of Mattie Cusaac in August 1966. Cusaac died in September 1966. The circuit court ordered foreclosure. Because we believe Paramount failed to carry its burden of proving the existence of a valid mortgage, we reverse.

Prior to her death on September...

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