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JACOBS v. SERVICE MERCHANDISE CO., INC.

1238

297 S.C. 123 (1988)

375 S.E.2d 1

Richard E. JACOBS, David H. Jacobs, Dominic A. Visconsi, R.F. Coffin, Edward H. Crane, and Anthony W. Weigand, co-partners doing business under the partnership firm name and style of JVJ Columbia Joint Venture, and Alan B. Kahn, individually and as custodian for Kevin A. Kahn, Monique B. Kahn, and Charles B. Khan, Stadium Realty Corporation, Warehouses, Inc., and S-R Chas., Inc., co-partners doing business under the partnership firm name and style of Kahn Joint Venture, JVJ Columbia Joint Venture and Kahn Joint Venture being co-partners doing business under the partnership firm name and style of Columbia Joint Venture, Appellants v. SERVICE MERCHANDISE COMPANY, INC., Fortune Masingill Parish Development Corporation, The South Carolina National Bank as Executor and Trustee under Will of Judson B. Smith, Deceased, and L.W. Smith, III, F.D. Windham, and Henry Dent Smith as Trustees of the L.W. Smith, Jr., Trust, Respondents.

Court of Appeals of South Carolina.

Decided October 31, 1988.

Attorney(s) appearing for the Case

William C. Stork, Robert E. Salane and R. Lewis Johnson. of Barnes, Stork and Johnson, Columbia, for appellants.

Julius W. McKay, and Theodore B. Guerard, of Haynsworth, Marion, McKay & Guerard, Columbia, for respondents.

Heard Sept. 21, 1988.

Decided Oct. 31, 1988.

CURETON, Judge:

Appellants commenced this action pursuant to the Uniform Declaratory Judgment Act seeking a declaration of the parties' rights under a written easement agreement. Appellants asked the court to declare that the road easement granted in the agreement was intended to benefit only Respondent- Smith's property to the exclusion of adjacent property known as the Snyder tract. Respondents deny the...

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