United Carolina Bank v. Caroprop, Ltd.

Goolsby, Judge:

United Carolina Bank, as trustee under IRA for Lloyd D. Auten (Auten IRA), brought this action against Auten IRA’s cotenant, Caroprop, Ltd., and First South Savings Bank, Inc., a second mortgagee, for partition of certain property that Auten IRA and Caroprop owned as tenants-in-common. Caroprop defaulted. First South cross-claimed for foreclosure of Caroprop’s undivided interest in the property. The trial judge referred the case to the master-in-equity with finality. Both Auten IRA and First South moved for partial summary judgment on the issue of priority. The master granted…