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BLACK v. PATEL

No. 3545.

352 S.C. 76 (2002)

572 S.E.2d 295

John T. BLACK, Jr. and Jeanne Jones, as Personal Representatives of the Estate of Dorothy Carter, and also as Trustees of the Trust of Melissa Lynne Carter and Cynthia Anne Carter, Sylvia Carter, Otis Calvin Carter, III, Suzanne Carter Riley, Lacy Rebecca Rhode and John Duncan Carter, Plaintiffs, v. Jagdish M. PATEL and Usha M. Patel, Defendants/Third-Party Plaintiffs, Appellants, v. Dr. Abraham Karrottukunnel, Third-Party Defendant, Respondent.

Court of Appeals of South Carolina.

Decided August 26, 2002.

Rehearing Denied November 20, 2002.

Attorney(s) appearing for the Case

G. Dana Sinkler, of Charleston; Stephen A. Spitz, of Columbia, for appellants.

Michael S. Church, of Columbia, for respondent.

STILWELL, J.

Neighboring landowners brought an action against Jagdish and Usha Patel claiming superior title to a portion of property Dr. Abraham Karrottukunnel conveyed to the Patels by general warranty deed. The Patels commenced a third-party action against Dr. Karrottukunnel. Although Dr. Karrottukunnel participated in the defense, he refused to defend the action in its entirety. The master-in-equity ruled in favor of the Patels, concluding the plaintiffs failed...

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