Hemingway v. Small

Shaw, Judge:

Appellants Carrie Livingston and a group of her husband’s heirs brought this action to invalidate a deed held by respondent James E. Small and to impose a constructive trust. A master in equity concluded the deed was invalid and a constructive trust was created. The trial court, however, held the deed was valid and no implied trust had arisen. We affirm the trial court.

When masters in equity and trial courts disagree on findings of fact, this court can make findings in accordance with its view of the preponderant evidence. Townes Associates Ltd. v. City of Greenville, 266 S. C.…