Legal Opinion
Hayden v. Prevatte
District Court, D. South Carolina
Decided May 28, 1971No. Civ. A. No. 70-679PublishedCited by 4 opinions
1Opinion of the Court
ORDER
HEMPHILL, District Judge.
The Small Business Administration, a defendant and a secured (mortgage) creditor of defendant Horace C. Prevatte, filed objection to the Report of the Special Referee. Specifically, the Small Business Administration objects to the priority awarded (by recommendation), by the Special Referee, of attorney’s fees as part of the first lien (mortgage) priority.
It is admitted that plaintiff had a first lien by virtue of a 1962 Real Estate Mortgage, duly recorded. This mortgage, along with the note evidencing the indebtedness, provided for attorney’s fees in event of…
2Cases cited18 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- United States v. City of New BritainSupreme Court of the United States · 1954
- United States v. YazellSupreme Court of the United States · 1966
- United States v. Pioneer American InsuranceSupreme Court of the United States · 1963
- United States v. V. F. Bond, Audrey A. BondCourt of Appeals for the Fourth Circuit · 1960
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3Cited by4 opinions
- United States v. Zac A. Crittenden, Jr., D/B/A Crittenden Tractor CompanyCourt of Appeals for the Fifth Circuit · 1977
- Beck v. HansonMontana Supreme Court · 1979
- Hayward v. ClayDistrict Court, D. South Carolina · 1977
- Thorpe Construction Co. v. Irvin & Co.District Court, D. Alaska · 1973