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THEODORE v. MOZIE ET AL.

17221

230 S.C. 216 (1956)

95 S.E.2d 173

NORBERT A. THEODORE, Administrator of the Estate of David Daniel Mozie, Appellant, v. GEORGE MOZIE ET AL., of Whom Ashley C. Tobias, III is the Respondent.

Supreme Court of South Carolina.

November 13, 1956.

Attorney(s) appearing for the Case

Messrs. A. Murray Smith and Jack D. Simrill, of Columbia, for Appellant.

Messrs. Schultz & Mills, of Columbia, for Respondent.

November 13, 1956.

OXNER, Justice.

This is an action by the administrator of the estate of David Daniel Mozie to sell certain real estate in the City of Columbia in aid of assets. The only question presented by this appeal is whether there was any consideration for a mortgage on said property given by Kissie Mozie to Ashley C. Tobias, III.

The real estate involved was originally owned by Kissie Mozie. On March 2, 1942, she executed to Ashley C. Tobias...

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