WAYBURN v. SMITH

20573

270 S.C. 38 (1977)

239 S.E.2d 890

Mable T. WAYBURN, Respondent, v. James M. SMITH, Allie Walker, Ruby W. Hott, Margaret L. Carder, Raymond Walker, Larry Walker, Joyce W. All, Madean Carder, Lois W. Slashinski, Ruth W. Blalock, Betty Walker and Helen Walker, and all children and grandchildren of Allie Walker, Individually, and as representatives of the classes to which they belong as possible heirs of the body of Allie Walker, and all persons entitled to claim under or through them or any of them both known and unknown, in esse and unborn, aso, all other persons unknown claiming any right, title, interest in or lien upon the real estate described in the Complaint herein, any unknown adults being a class designated as John Doe and any unknown infants or persons under disability or persons in military service designated as a class Richard Roe, also James W. Walker, Betty Ann Walker, Helen Elizabeth Walker, Mary Walker Deans, Scott Deans, Darren Deans, and Shane Deans, of whom Ruby W. Hott, Margaret L. Carder, Raymond Walker, Larry Walker, Joyce W. All, Madean Carder, Lois W. Slashinski, James W. Walker, Betty Ann Walker, Helen Elizabeth Walker, Mary Walker Deans, Scott Deans, Darren Deans, and Shane Deans are, Appellants.

Supreme Court of South Carolina.

December 28, 1977.


Attorney(s) appearing for the Case

W. Reid Cox, Jr., of Graydon, Suber and Adams, and Luther M. Lee and Kenneth M. Suggs, Columbia, for Appellants.

Marchant, Bates & Todd, of Columbia, for Respondent.


December 28, 1977.

LITTLEJOHN, Justice:

This action was brought by plaintiff-respondent Mable T. Wayburn against James M. Smith for specific performance of a contract for the purchase of real estate. Smith's answer alleged that Wayburn did not have fee simple title to the property by reason of the provisions of a deed from W.J. Wooten to Allie Walker, Wayburn's predecessor in title. The remaining defendants were either joined or moved to intervene on the grounds...

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