THOMAS v. BARTELL

19738

261 S.C. 531 (1973)

201 S.E.2d 243

Mary THOMAS et al., Respondents, v. C.H. BARTELL, Appellant.

Supreme Court of South Carolina.

December 6, 1973.


Attorney(s) appearing for the Case

Messrs. Harrell & Brown, of Kingstree, and J.P. Askins, Jr., of Hemingway, for Appellant.

Messrs. Connor & Connor, of Kingstree, for Respondents.


December 6, 1973.

Per Curiam:

This action was brought to have a deed declared a mortgage. The lower court found that the parties intended the deed in question to be a mortgage; and the sole question on appeal involves the purely factual issue of whether the evidence is sufficient to sustain that conclusion.

It is conceded that, to establish the character of the deed as a mortgage, the burden was upon plaintiffs-respondents to establish the fact...

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