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IVES v. IVES ET AL.

16753

223 S.C. 461 (1953)

76 S.E.2d 471

IVES v. IVES ET AL.

Supreme Court of South Carolina.

June 11, 1953.

Attorney(s) appearing for the Case

Mr. Harold W. Funderburk, of Camden, for Plaintiff-Appellant, and Mr. J. Clator Arrants, of Camden, for Defendant-Appellant, Mary G. Ives.

Messrs. Murchison & West, of Camden, for Defendant-Respondent, Albert Joseph Cayer.

June 11, 1953.

OXNER, JUSTICE.

This is an action to reform a deed on the ground of mutual mistake. Appellants S.D. Ives and Horace Ives formerly owned as tenants in common a tract of land in Kershaw County, ten or twelve miles southeast of the City of Camden, containing approximately 42 acres. From this tract, on May 8, 1946, they conveyed to their brother, appellant James D. Ives, in consideration of $5 and love and affection, "two acres, more or less," referred...

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