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110 S.C. 405

96 S.E 991

McDowell v. Landrum

Supreme Court of South Carolina

Decided July 6, 1918

Supreme Court of South Carolina · decided 1918-07-06

Before Peurifoy, J., Spartanburg,, Spring term, 1916. Action to set aside a deed and mortgage given by plaintiff to defendants, and to restore the status quo ante of the parties. The issues raised by the pleadings and set out in the case (fol. 27) are three in number, as follows: “1. Senile decay, mental and physical weakness in the appellant. 2. Inadequacy of consideration and advantage taken of appellant. 3.

Reversed · Decided 1918-07-06

¶1 The opinion of the Court was delivered by

Mr. Chief Justice Gary.

¶2*407 This is an action to set aside a deed and mortgage. The facts are stated in the report of the master which was in favor of the plaintiff, but was overruled by his Honor, the Circuit Judge; and the plaintiff has appealed.

¶3 The issues are discussed at length, both by his Honor, the Circuit Judge, and the master, who differ in their findings upon all the material questions of fact. This Court has reached the conclusion, that the preponderance of the testimony is against the findings of fact by the Circuit Judge, and that he erred in overruling the report of the master.

¶4 Reversed.

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