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DUPONT v. SO. NAT. BANK OF HOUS., TX

22515

288 S.C. 312 (1986)

342 S.E.2d 590

Eugene DUPONT, III, Respondent v. SOUTHERN NATIONAL BANK OF HOUSTON, TEXAS, Trustee, Edward J. Brady, Trustee, John H. Garner, Trustee, Eugene duPont, IV, a Minor, Margaret Irene Jones, Daphne Burma Vaughan, Leslie Dudley Myrin, Genette Lee duPont, a Minor, John duPont Waters, Virginia Irene Waters, Benjamin Franklin Vaughan, IV, Cuthbert Lata Myrin, Jr., a Minor, and Mimi duPont Myrin, a Minor, Defendants of whom Southern National Bank of Houston, Texas, Trustee, Edward J. Brady, Trustee, John H. Garner, Trustee, and Eugene duPont, IV, are, Appellants.

Supreme Court of South Carolina.

Decided March 31, 1986.

Attorney(s) appearing for the Case

James H. Moss and H. Fred Kuhn, Jr., of Moss, Bailey & Dore, Beaufort, and Robert A. Gwinn, of Johnson, Bromberg & Leeds, Dallas, Tex., for appellants Southern Nat. Bank, Houston, Tex., Edward J. Brady and John H. Garner.

Henry B. Smythe and David B. McCormick, of Buist, Moore, Smythe & McGee, Charleston, for appellant Eugene duPont, IV.

Colden R. Battey, Jr., of Harvey & Battey, Beaufort, for respondent.

Submitted Feb. 26, 1986.

Decided March 31, 1986.

GREGORY, Justice:

Respondent commenced this action to set aside several deeds alleging mistake in conveyances to a trust.1 Appellants moved for the case to be transferred to the jury roster. This appeal is from the denial of that motion. We affirm.

In an action to set aside a deed, a party's right to a jury trial is determined...

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