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ALLENDALE COUNTY BANK v. CADLE

No. 3422.

348 S.C. 367 (2001)

559 S.E.2d 342

ALLENDALE COUNTY BANK, Respondent, v. George W. CADLE, Peerless Group, Inc., JEJ Construction, Inc., Red Earth Environmental, Inc., Steffen Robertson and Kirsten (U.S.), Inc., E & J Landscaping, Inc. and Wastemasters of South Carolina, Inc., Defendants, Of whom Steffen Robertson and Kirsten (U.S.), Inc. and E & J Landscaping, Inc. are, Appellants.

Court of Appeals of South Carolina.

Decided December 17, 2001.

Rehearing Denied February 20, 2002.

Attorney(s) appearing for the Case

Gary H. Smith, III, of Braithwaite, Smith, Massey & Brodie, of Aiken; and Ladson H. Beach, Jr., of Orangeburg, for appellants.

Walter H. Sanders, Jr., of Fairfax, for respondent.

CURE TON, J.:

Allendale County Bank ("Bank") brought this action to establish the priority of its mortgage on real estate located in Allendale County after it mistakenly filed a satisfaction of the mortgage. The special referee cancelled the mortgage satisfaction and concluded Bank had a first lien on the property, with priority over Steffen Robertson and Kirsten (U.S.), Inc. ("SRK") and E & J Landscaping, Inc. ("E & J"). Both SRK and E & J (collectively...

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