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HUDSON v. LEOPOLD

22485

288 S.C. 194 (1986)

341 S.E.2d 137

Jean Hart HUDSON, Respondent v. Catherine Goss LEOPOLD, Appellant.

Supreme Court of South Carolina.

Decided February 27, 1986.

Attorney(s) appearing for the Case

Ivan M. Nossokoff, and Robertson H. Wendt, Jr., of Igleheart & Wendt, Charleston, for respondent.

Richard C. Bell and Diane M. LeHoullier, both of Bell & McNeill, Mt. Pleasant, for appellant.

Heard Jan. 20, 1986.

Decided Feb. 27, 1986.

GREGORY, Justice:

This is an action to rescind a deed. Respondent's complaint alleged undue influence and incapacity. The trial judge, without reference, found the deed to be the product of undue influence. This appeal followed. We reverse.

First, appellant argues the trial judge erred in placing with her the burden to disprove the allegation of undue influence. The lower court reasoned the confidential...

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