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AVANT v. JOHNSON ET AL.

17277

231 S.C. 119 (1957)

97 S.E.2d 396

LONNIE AVANT, Individually, and as Executor of the Will of Emerett Johnson, Plaintiff-Appellant, v. KING JOHNSON, JOSEPH JOHNSON, ELIJAH JOHNSON, PLUMMER JOHNSON, CLARA JOHNSON, WINNIE JOHNSON, TALETHA J. MOODY, MAGGIE J. WILSON, ILLA J. BRANTLEY, and ACIE JOHNSON, Defendants-Respondents.

Supreme Court of South Carolina.

April 1, 1957.

Attorney(s) appearing for the Case

Messrs. James B. Dixon and Norton & Norton, of Marion, for Appellant.

Messrs. S. Raymond Pridgen, of Mullins, and Woods & Woods, of Marion, for Respondents.

Messrs. James B. Dixon and Norton & Norton, of Marion, for Appellant, in Reply.

The opinion of Judge Baker follows:

This is an action by Lonnie Avant, individually, and as executor of the will of Emerett Johnson, to set aside a deed bearing date January 9, 1952, but actually executed on January 10, 1952, on which date it was filed in the office of the Clerk of Court for Marion County and recorded in Deed Book A-56, at page 164, whereby the said Emerett Johnson, the widow of Ellison Johnson, a prosperous Negro minister and farmer, conveyed to...

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