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SINGLETON ET AL. v. MULLINS LUMBER CO.

17525

234 S.C. 330 (1959)

108 S.E.2d 414

Hannah M. SINGLETON, Bettie S. Ford, Janie S. Washington, Harry Singleton, Gladys Jordan, Mary Lee Gamble, General Lee Gamble, Robert W. Gamble, Maceo Gamble, Janie R. Murphy and Ernest Murphy, Minors Under Twenty-One Years of Age, By Their Guardian Ad Litem Ernette Washington and Violet Gamble, Appellants, v. MULLINS LUMBER COMPANY, a Corporation, Lilly Dozier, Lizzie Barnes, Bessie Coleman, Louis Dorsey, Mary Roe, Representing such persons as may be the unknown heirs, next of kin, Administrators, Executors or Assigns of the Estate of W.M. McIntyre, Deceased, Respondents.

Supreme Court of South Carolina.

April 16, 1959.

Attorney(s) appearing for the Case

Elliott D. Turnage, Esq., of Darlington, for Appellants.

Messrs. Woods & Woods, of Marion, for Respondent, Mullins Lumber Company.

S. Raymond Pridgen, Esq., of Mullins, for Respondents, Lillie Dozier, James Dozier, Theodore Dozier and Gomille Dozier Gore.

April 16, 1959.

LEGGE, Justice.

By this action, commenced in September, 1957, the heirs of a deceased mortgagor seek to set aside a decree of foreclosure rendered in 1909, and to have themselves declared owners of the mortgaged premises. The Judge of Probate of Marion County, to whom the cause was referred, filed his report dated May 19, 1958, recommending that the complaint be dismissed. Upon exceptions to that report...

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