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MULLINAX v. BATES

No. 24178.

453 S.E.2d 894 (1995)

Ruth G. MULLINAX, as Administrator of the Estate of Leslie A. Mullinax, Appellant, v. Barbara Ann BATES, Respondent.

Supreme Court of South Carolina.

Decided January 9, 1995.

Attorney(s) appearing for the Case

Timothy L. Brown, Greenville, for appellant.

Barney O. Smith, Jr., of Parham & Smith, P.A., Greenville, for respondent.

MOORE, Justice:

This appeal is from an order of the circuit court affirming the probate court's dismissal of this action on the ground it should have been brought as a compulsory counterclaim in a prior action. We reverse.

FACTS

Appellant (Estate) commenced this action against respondent (Bates) alleging Bates, Bates' husband, and Estate's deceased (Mullinax) were engaged in a joint venture to operate an apple orchard. Estate demanded an accounting...

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