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OWEN v. REED

22499

288 S.C. 133 (1986)

341 S.E.2d 629

William T. OWEN and Rosetta F. Owen, Plaintiffs-Appellants v. David REED, Gertrude Green, Celia Reed, George Reed, Nathaniel Reed, and John Doe and Mary Roe, the latter two being fictitious names used to designate all other persons unknown claiming any right, title or interest in or lien upon the real property described in the Complaint herein, including all unknown heirs of Nathaniel Reed, deceased, Dianna Reed, deceased, Joseph Reed, deceased, and David Reed, if he be deceased, and any and all persons claiming by or through them, all of whom are assumed to be infants or under legal disability or in the military service, Defendants, all of whom except Gertrude Green are Defendants-Appellants, and Gertrude Green is Respondent-Respondent.

Supreme Court of South Carolina.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Joseph R. West, Moncks Corner, for plaintiffs-appellants.

Uricchio, Howe & Krell, Charleston, for defendants-appellants.

Arthur C. McFarland, Charleston, for respondent-respondent.

Submitted Jan. 22, 1986.

Decided March 12, 1986.

FINNEY, Justice:

This appeal is from an order of the circuit judge vacating a default judgment against the respondent-respondent, Gertrude Green. We affirm.

This is an action for partition, in kind, of twenty-five (25) acres of land, instituted May 15, 1979, and served upon Gertrude Green by publication and mailing on May 22, 1979. The Complaint alleges...

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