DARGAN v. TANKERSLEY

No. 26574.

380 S.C. 480 (2008)

671 S.E.2d 73

E. Ervin DARGAN, Jr. and New River Corporation, Appellants, v. James B. TANKERSLEY; Donnie S. Tankersley; First Union National Bank, Charlotte, North Carolina, f/k/a Southern Bank and Trust Company, as Trustee of the Posey D. Tankersley Estate; Marilyn Tankersley; Brett Tankersley; Shay Tankersley; Bonnie Lynn Bridwell, individually and as co-Personal Representative of the Lowell H. Tankersley Estate and as co-Trustee of the Revocable Trust Agreement dated November 22, 1991; Tracy Karen Tankersley, individually and as co-Personal Representative of the Lowell H. Tankersley Estate and as co-Trustee of the Revocable Trust Agreement dated November 22, 1991, Respondents.

Supreme Court of South Carolina.

Decided December 22, 2008.


Attorney(s) appearing for the Case

J. Chris Brown and Jonathan P. Whitehead, both of Babb & Brown, of Greenville, for Appellants.

Cecil H. Nelson, Jr., of Nelson Law Firm, of Greenville, and Stephen R.H. Lewis, of Covington Patrick Hagins Stern & Lewis, of Greenville, for Respondents.


Justice BEATTY:

In this quiet title action, E. Ervin Dargan, Jr. and New River Corporation (Appellants) appeal from an order finding James B. Tankersley and the remaining parties (collectively, Respondents) were the owners of a disputed parcel of property and awarding them damages. We reverse.

I. FACTS

Appellants brought this quiet title action to establish their ownership of a tract of real property in Greenville County, South Carolina. Respondents...

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