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WYNDHAM v. LEWIS

0911

292 S.C. 6 (1987)

354 S.E.2d 578

Essie Brinson WYNDHAM a/k/a Mrs. Essie Wyndham, Appellant v. Willis D. LEWIS, Azalee T. Lewis, Sheldon D. Lewis and Beverly L. Cales; M.A. Mixson, H.B. Tarte and Thomas E. Tarte, all of whom are deceased; Flora McLean, Christine Tarte, Duncan Tarte, Nolia Broach, Elia Frazier, Emily McLean, Alice Frazier, Viola Medlin, H.B. Tarte, Jr. and Norma Taylor, if they or any of them be alive; and John Doe and Jane Roe, fictitious names used to designate all of the unknown heirs and distributees of M.A. Mixson, H.B. Tarte, and Thomas E. Tarte, deceased, and also of Flora McLean, Christine Tarte, Duncan Tarte, Nolia Broach, Elia Frazier, Emily McLean, Alice Frazier, Viola Medlin, H.B. Tarte, Jr. and Norma Taylor, if they or any of them be dead; and also of all other persons unknown claiming any right, title, interest or estate in or lien upon the real estate described in the Complaint and herein-below, including such as may be minors, incompetents or otherwise under any disability — of whom Willis D. Lewis, Azalee T. Lewis, Sheldon D. Lewis and Beverly L. Cales are Respondents.

Court of Appeals of South Carolina.

Decided March 23, 1987.

Attorney(s) appearing for the Case

Thomas P. Stoney, II, of Stoney and Stoney, and William J. Hamilton, III, Charleston, for appellant.

Donald M. Holler, Moncks Corner, for respondents.

Heard Feb. 24, 1987.

Decided March 23, 1987.

GOOLSBY, Judge:

This is an action by Essie Brinson Wyndham against Willis D. Lewis and others to quite title to certain real estate. The hearing judge granted Lewis and the other defendants summary judgment. Wyndham appeals. The issue we address concerns whether Wyndham's son James Wyndham was in privity with her for purposes of res judicata and collateral estoppel when he defended a former action and prosecuted...

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