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BALLINGTON v. PAXTON

No. 2674.

327 S.C. 372 (1997)

488 S.E.2d 882

Marguerite P. BALLINGTON, Isadora Lena Hare, Bennie C. Paxton, S., Richard M. Kyzer, and B.F. Paxton, Jr., Personal Representative of the Estate of Mary Paxton, Plaintiffs, Of Whom Marguerite P. Ballington, Isadora Lena Hare, Bennie C. Paxton, Sr., and Richard M. Kyzer are Appellants, v. David Wayne PAXTON, Respondent.

Court of Appeals of South Carolina.

Decided June 9, 1997.

Attorney(s) appearing for the Case

James C. Harrison, Jr., of Harrison & Quinn; Mary Connell Elam, Kenneth E. Ormand, Jr. and Carl A. Brumme,' III, Columbia, for appellants.

James E. Barfield, Lexington, for respondent.

HOWELL, Chief Judge:

The Appellants appeal from the master-in-equity's refusal to require David Wayne Paxton to remove a gate and fence constructed on an easement over Paxton's property. We affirm.

I.

This case involves a family dispute over access to Paxton Pond, an approximately 40-acre man-made pond in Lexington County. The pond and adjacent property are located on Highway 34, commonly referred to as Pond Branch Road. A dirt road, Paxton's Pond...

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