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HAMILTON v. SHAW

0534

286 S.C. 374 (1985)

334 S.E.2d 139

Romey HAMILTON, Lucille Shaw Stanley, Gracie Lee Shaw Myers, Mildred Shaw, George Adkins, Rosa Mae Gibbs, Gladys Shaw, a/k/a Vermelle Shaw, Annie Lee Shaw Mouzon, Mildred Shaw Moultrie, Clifford Shaw, Jr., and Freddie Shaw, Respondents, v. Edward SHAW and Herman Shaw, Appellants.

Court of Appeals of South Carolina.

Decided August 8, 1985.

Attorney(s) appearing for the Case

James Craven, Charleston, for appellants.

H.N. West, of Moncks Corner, for respondents.

Heard June 20, 1985.

Decided Aug. 8, 1985.

CURETON, Judge:

This is an action in equity to impress a constructive trust upon real property. The respondents claim a right to a trust upon the property as heirs at law of Hepsie Shaw, deceased. The appellants, also heirs of Mrs. Shaw, claim sole title under a deed from the purchaser of the property at a tax sale. The dispositive issue is whether a fiduciary relationship...

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