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BYERLY v. SOUTH CAROLINA NAT. BANK

No. 1953.

427 S.E.2d 715 (1993)

William L. BYERLY, III, individually, and as personal representative of the Estate of Louise M. Byerly; remaindermen McDonald Beasley Byerly; Elizabeth Dell Byerly Loewer and Roberta Shand, as guardian of Robert Wallace Shand Byerly, Respondents, v. SOUTH CAROLINA NATIONAL BANK CORPORATION, Appellant.

Court of Appeals of South Carolina.

Decided February 22, 1993.

Rehearing Denied April 1, 1993.

Attorney(s) appearing for the Case

Edward E. Saleeby, Hartsville, Phyllis B. Burkhard and Virginia L. Vroegop, both of Sinkler & Boyd, Columbia, for appellant.

Louis D. Nettles and Clifford C. McBride, Florence, for respondents.

PER CURIAM:

Louise M. Byerly brought this action seeking an injunction for an alleged trespass to land against South Carolina National Bank Corporation. The circuit court found for Byerly and issued a mandatory injunction ordering SCN to remove a retaining wall and overhang that encroached on the property in question. SCN appeals. We vacate the decree of the circuit court.

At the time of trial, Byerly held a life estate in the property. During the pendency...

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