Ex Parte Citizens & Southern National Bank v. First Palmetto State Bank & Trust Co.

Ness, Justice:

Respondent C & S Bank instituted this action upon a Petition and Rule to Show Cause to require appellant First Palmetto State Bank to partially release a mortgage. Appellant contends the trial court lacked jurisdiction. We agree and reverse.

Respondent obtained an order in a previous action requiring Lincoln Investments, a partnership, to partially release the mortgage. Although Lincoln Investments assigned the mortgage to appellant prior to the hearing in that action, appellant was not made a party. Lincoln Investments executed the release as required by the Order; however,…