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BRITTON v. AMOS

17992

241 S.C. 336 (1962)

128 S.E.2d 161

Frank BRITTON, Appellant, v. Margaret H. AMOS and the Merchants National Bank and Trust Company of Syracuse, New York, as Executors of the Will of Charles L. Amos, Respondents.

Supreme Court of South Carolina.

November 16, 1962.

Attorney(s) appearing for the Case

Messrs. McEachin, Townsend & Zeigler, of Florence, and Thompson & Poteat, of Georgetown, for Appellant.

Messrs. C.C. Grimes, Jr., and Smith & Moore, of Georgetown, for Respondents.

November 16, 1962.

BUSSEY, Justice.

This action was commenced in March 1954 against one Charles L. Amos, subsequently deceased, the present respondents being his legal representatives.

The complaint seeks to have a deed, absolute on its face, declared a mortgage on the ground that it was fraudulently obtained, and in a second cause of action seeks the recovery of actual and punitive damages for the wrongful cutting of timber while the real estate covered...

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