HEMINGWAY v. SMALL

0341

284 S.C. 42 (1984)

324 S.E.2d 335

Louise L. HEMINGWAY, Daphine L. Vereen, Geraldine L. Rogers, Sonny Boy Livingston, John T. Livingston, Macie Livingston, Jessie James Livingston, Alene Livingston Broadwater, Christine Livingston Grissett, Jesse Livingston, Brenda Livingston Green, Plaintiffs-Appellants, v. James E. SMALL, Mrs. Daisy Mae Small, Mrs. Carrie Livingston, Dorothy Livingston, Willie James Livingston, Eugene Livingston, Albert Livingston, Mazie Livingston, Rutha Livingston, Joyce Ann Livingston, Mickie Livingston, Mrs. Christine Mack, Little Boy Livingston, and all persons herein collectively designated as John Doe and Mary Roe, representing unknown heirs at law and devisees and all other persons claiming by, through or under the above estate born or unborn, and all other persons having an interest in or claim upon the property described herein, Defendants, Of whom: James E. Small is Defendant-Respondent and Mrs. Carrie Livingston is Defendant-Appellant.

Court of Appeals of South Carolina.

Decided December 17, 1984.


Attorney(s) appearing for the Case

William V. Josephs, Jr., Loris, for plaintiffs-appellants.

Cross, Singleton & Burroughs, P.A., Conway, for defendant-appellant.

Stevens, Stevens, Thomas, Hearn & Hearn, P.A., Loris, for defendant-respondent.


Heard Oct. 22, 1984.

Decided Dec. 17, 1984.

SHAW, Judge:

Appellants Carrie Livingston and a group of her husband's heirs brought this action to invalidate a deed held by respondent James E. Small and to impose a constructive trust. A master in equity concluded the deed was invalid and a constructive trust was created. The trial court, however, held the deed was valid and no implied trust had arisen. We affirm...

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