Legal Opinion
Walker Ex Rel. Estate of Walker v. Brooks
Supreme Court of South Carolina
Decided October 28, 2015No. Appellate Case 2013-001377; 27583PublishedCited by 6 opinions
1Opinion of the CourtJustice Hearn
In this familial dispute over property, it is uncontradicted that Kenneth Walker (Decedent) deeded to his sister, Catherine Brooks, approximately forty acres of property in two separate transfers before his death. The question is whether the property was deeded to Brooks freely, or subject to an equitable mortgage which would require her now to return it to Decedent’s estate. We hold no equitable mortgage exists; accordingly, we remand.
FACTUAL/PROCEDURAL HISTORY
Decedent owned and lived on a 200-acre farm in Colleton County. In 1996, Decedent conveyed 26.52 acres of the farm to Brooks for the…
2Cases cited5 opinions
- Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina · 1976
- Tiger, Inc. Ex Rel. Green Apple Partnership v. Fisher Agro, Inc.Supreme Court of South Carolina · 1989
- F. Gregorie & Son v. HamlinSupreme Court of South Carolina · 1979
- Williams v. GriffithAppellate Court of Illinois · 1941
- Walker v. BrooksCourt of Appeals of South Carolina · 2013
3Cited by6 opinions
- Lollis v. DuttonCourt of Appeals of South Carolina · 2017
- Community Services Associates, Inc. v. WallCourt of Appeals of South Carolina · 2017
- Builders Mut. Ins. Co. v. Bob Wire Elec., Inc.Court of Appeals of South Carolina · 2018
- First Citizens v. TaylorCourt of Appeals of South Carolina · 2020
- First Citizens v. TaylorCourt of Appeals of South Carolina · 2020
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