THOMPSON v. McGILL

16963

226 S.C. 509 (1955)

85 S.E.2d 867

MRS. DAUDY THOMPSON, MRS. MAE STONE, MRS. LEE WILSON, MRS. RACHEL OLMQUEST, MRS. GRACE POLATTY and R.G. ENGLISH and W.E. ENGLISH, minors over the age of fourteen years, by their Guardian ad litem, MRS. GRACE POLATTY, Appellants, v. JAMES W. McGILL, GENEVA McGILL, C.E. ENGLISH and THE PERPETUAL BUILDING & LOAN ASSOCIATION Respondents.

Supreme Court of South Carolina.

February 14, 1955.


Attorney(s) appearing for the Case

R. Lee Wilson, Esq., of Walhalla, for Appellants.

Messrs. Doyle & Doyle and Sherrard & Jones, of Anderson, for Respondents.


February 14, 1955

BAKER, Chief Justice.

This appeal is based upon the applicability of Section 26-106 of the 1952 Code of Laws, which provides an exception to Section 26-105. The latter Section provides:

"The production, without further or other proof, of the original of any instrument in writing (other than a will) required by law to be recorded shall be prima facie evidence of the execution and recording...

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