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SMITH COMPANIES OF GREENVILLE, INC. v. HAYES

No. 1983.

428 S.E.2d 900 (1993)

The SMITH COMPANIES OF GREENVILLE, INCORPORATED, Respondent, v. Ralph Edward HAYES, II, Appellant.

Court of Appeals of South Carolina.

Decided March 22, 1993.

Attorney(s) appearing for the Case

Dana C. Mitchell, III, Greenville, for appellant.

Moffatt G. McDonald, of Haynsworth, Marion, McKay & Guerard, Greenville, for respondent.

BELL, Judge:

The Smith Companies of Greenville, Inc., brought an action to foreclose a bond for title given by Ralph Edward Hayes, II, for the purchase of real property. Instead of foreclosing the bond for title, the master cancelled it and ordered Hayes to surrender possession to The Smith Companies. Hayes did not appeal this judgment. Nearly eighteen months after entry of judgment, Hayes sought relief from judgment under Rule 60(b)(4) and (5), SCRCP. The master...

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