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WAGES v. CUNNINGHAM

1098

294 S.C. 510 (1988)

366 S.E.2d 35

Mary Ann WAGES, Rebecca Wright and Moses Relford, Respondents v. Nora A. CUNNINGHAM, Doris L. Gilbert, Retha M. Hingleton, Eartha Davis, Evelyn Gilbert, Annie B. Minger, Diane Goodwin, Jesse Goodwin, Sr., Jesse Goodwin, Jr., Arthur Telford, Leo Telford, and Amselco Exploration, Inc., Defendants, of whom Amselco Exploration, Inc., is also a Respondent, and Nora A. Cunningham, Doris L. Gilbert, Retha M. Hingleton, Eartha Davis, Evelyn Goodwin, Jesse Goodwin, Sr., Jesse Goodwin, Jr., and Arthur Telford are Appellants. Appeal of Nora A. CUNNINGHAM, Doris L. Gilbert, Retha M. Hingleton, Eartha Davis, Evelyn Gilbert, Jesse Goodwin, Sr., Jesse Goodwin, Jr., and Arthur Telford.

Court of Appeals of South Carolina.

Decided February 29, 1988.

Attorney(s) appearing for the Case

Steven B. Licata, of Finkel, Georgaklis, Goldberg, Sheftman & Korn, Columbia, for appellants.

Hamilton Osborne, Jr., of Boyd, Knowlton, Tate & Finlay, Columbia, for Amselco.

George M. Lee, Jr., and J. Leeds Barroll, IV, Columbia, for Wages, Wright and Telford.

Submitted Jan. 27, 1988.

Decided Feb. 29, 1988.

CURETON, Judge:

This appeal concerns the question of the right to a jury trial. Mary Ann Wages, Rebecca Wright, and Moses Telford filed a complaint seeking a partition of approximately eleven acres of land in Fairfield County. The complaint alleged they and the individual defendants were owners of the property as tenants in common. The action was filed as a non-jury matter. The named defendants (who are...

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