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THIGPEN v. THIGPEN

16382

217 S.C. 322 (1950)

60 S.E.2d 621

THIGPEN v. THIGPEN.

Supreme Court of South Carolina.

July 13, 1950.

Attorney(s) appearing for the Case

Mr. John G. Dinkins, of Manning, for Appellant.

Messrs. James Hugh McFaddin and Fred Lesesne, of Manning, for Respondent.

July 13, 1950.

OXNER, Justice.

This action was instituted in February, 1948, for the purpose of having a deed to a tract of land in Clarendon County containing approximately 100 acres, absolute in form, executed by respondent to appellant, his brother, on May 4, 1927, construed as a mortgage. Respondent alleged in his complaint that he was induced to sign this instrument by appellant's fraudulent representation that it was a mortgage.

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