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WALKER v. BROOKS

No. 5112.

403 S.C. 212 (2013)

742 S.E.2d 869

Roger Wendell WALKER, as the Personal Representative of the Estate of Kenneth Ray Walker and individually as a surviving child and Devisee of the Decedent, Kenneth Ray Walker (d/o/d 09/20/2008), Jimmy Ray Walker, and Wilson Whitney Walker as surviving children and Devisees of the Decedent, Kenneth Ray Walker, who died testate on 09/20/2008, Respondents, v. Catherine W. BROOKS, Appellant.

Court of Appeals of South Carolina.

Decided April 10, 2013.

Rehearing Denied June 10, 2013.

Attorney(s) appearing for the Case

Everett H. Garner and Benjamin A. Dunn, II , both of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Appellant.

Gregory S. Forman , of Charleston, and Everett W. Bennett, Jr. , of Walterboro, for Respondents.

LOCKEMY, J.

Catherine W. Brooks appeals the Special Referee's (Referee) ruling that she held only an equitable mortgage on the subject property. We reverse.

FACTS

This case revolves around the characterization of two deeds given to Brooks by her brother, Kenneth Ray Walker (Decedent), which purportedly conveyed properties on Cooks Hill Road in Colleton County (Cooks Hill properties). Decedent owned and lived on two hundred acres of his family's farm...

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