PERRY v. HEIRS AT LAW OF GADSDEN

No. 3691.

357 S.C. 42 (2003)

590 S.E.2d 502

Alice C.G. PERRY, Emily Mitchell, Eliza Tremble, and Doris Green, Respondents, v. HEIRS AT LAW and Distributees OF Charles GADSDEN, C.H. Gadsden, Cecil S. Gadsden, C.S. Gadsden, Louise Gadsden, Cain Gadsden, John Gadsden, Lula Nelson, Louis Gadsden, Herman Gadsden, Carrie Gadsden, Estella Gadsden, Mattie Gadsden, United States Department of Agriculture, Farmers Home Administration, South Carolina Electric and Gas, Hazel Point Partnership, Luther Major, Martha Major, Queenie Taylor, Dolly Fripp, Beaufort-Jasper Comprehensive Health Services, Inc., also, the following persons believed to be living, Cecil J. Gaston, Jr. a/k/a Cecil J. Gaston, Cornelius Gaston a/k/a Cornelius Gadsen, Herman Gaston, Lisa Roacher, Linda Mason, Herbert Mason, Willis Gaston, and Louise Gaston a/k/a Louise Gadson, and all heirs at law, devisees, or persons unknown claiming by, under or through any of the above-named persons, John Doe or Mary Roe, being fictitious names designating a class of persons, or a legal entity, infants, incompetents, persons in the military service, if any, known or unknown, who may be an heir, distributee, devisee, legatee, issuee, aliente, administrator, executor, creditor, successor or assign having or claiming to have any right, title, interest, estate in or lien upon the real estate described in the Complaint herein, Defendants, of whom Heirs at Law and Distributees of Charles Gadsden, C.H. Gadsden, Louise Gadsden, Cain Gadsden, John Gadsden, Lula Nelson, Louis Gadsden, Herman Gadsden, Estella Gadsden, Mattie Gadsden are the Appellants.

Court of Appeals of South Carolina.

Decided November 3, 2003.

Rehearing Denied January 22, 2004.


Attorney(s) appearing for the Case

Mary P. Miles, of West Columbia, for Appellants.

Louis O. Dore, Cheryl V. Doe and Thomas A. Holloway, all of Beaufort, for Respondents.


PER CURIAM:

More than four years after the master-in-equity ordered the partition of the 110.54-acre tract of land at the heart of this litigation, Gadsden filed a Rule 60(b), SCRCP motion to set aside the partition order, alleging fraud on the court and inequitable prospective application of the order. The trial court denied the motion. Gadsden appeals. We affirm.

FACTS AND PROCEDURAL HISTORY

On February 13, 1990, Alice C.G. Perry, Emily...

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