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274 S.C. 396

Lanford v. Dowling

Supreme Court of South Carolina

Decided April 1, 1980

Supreme Court of South Carolina · decided 1980-04-01

Relies on Townes Associates, Ltd. v. City of Greenville · Georgia Railroad Bank & Trust Co. v. Doolittle

Decided 1980-04-01

Ness, Justice:

¶1This appeal is from an order directing appellant Mary L. Dowling to reconvey a remainder interest in certain real property and repay $25,286.93 plus interest from October 31, 1974, which she held in a constructive trust for the benefit of respondent Martha Lanford’s deceased husband.

¶2A reference was held, but the master who presided over the hearing lost jurisdiction of the case and another was assigned to file the report. On appeal from his report, it was stipulated to the trial court the only questions involved were evidentiary and the trial judge concurred fully in the master’s findings. As those findings are supported by the greater weight of the evidence, we affirm whether we apply the one-or-two-judge rule. Se, e. g., Newton v. Boggs, S. C., 262 S. E. (2d) 741 (1980) ; Georgia R. R. Bank & Trust Co. v. Doolittle, 272 S. C. 249, 252 S. E. (2d) 556 (1979); Townes Associates, Ltd. v. City of Greenville, 266 S. C. 81, 221 S. E. (2d) 773 (1976). Accordingly, the appeal is dismissed.

¶3Appeal dismissed.

Lewis, C. J., Littlejohn and Gregory, JJ., and Walter T. Cox, III, Acting Associate Justice, concur.
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