McGILL v. MOORE

No. 26585.

381 S.C. 179 (2009)

672 S.E.2d 571

Carlyle McGILL, Appellant, v. Tracy MOORE, Rufus Alton Moore, Pearline Hutto, Estate of Bennie Moore, believed to be the above/below named persons, known or unknown, claiming thereunder, being named herein Jane Doe and Richard Roe, Estate of Vernice Alexander, believed to be William Alexander, Grady Alexander, and any and all persons, known or unknown, claiming under both Alexander estates, collectively known as Jane Doe and Richard Roe, Respondents. Tracy Moore, Rufus Alton Moore and Pearline Hutto, and Estate of Iola Moore Smith, Edward J. Smith, Jr., Newana Smith Barnes, Counter-Plaintiffs, v. Carlyle McGill, Estate of Lawrence Moore, Estate of Vernice Moore Alexander, the heirs or which are believed to be William Alexander, Estate of Grady Alexander, Jr., Leonard Alexander, and Estate of John Stanley Alexander, Estate of Grady Alexander, Jr., the heirs of which are believed to be Rava A. Colby, Richard L. Alexander, and Regina Alexander, Estate of John Stanley Alexander, the heirs of which are believed to be Tanisha Alexander, and Tora Alexander, Estate of Otis Moore, Tracy Moore, Estate of Alberta Moore Feemster, Estate of Bennie Lewis Moore, John Doe, a fictitious person representing the class of all unknown adult, mentally competent, unimprisoned, non-military persons, who claim any right, title, or interest in, or lien upon, the real estate described in the Counterclaim herein; and Richard Roe, another fictitious person representing the class of all unknown persons who are either: under the age of eighteen (18) years, imprisoned, or in the Armed Forces, and who claim any right, title or interest in, or lien upon, the real estate described in the Counterclaim herein, which fictitious person includes but are not limited to, all unknown heirs at law, distributees, devisees or assigns of any deceased heirs of the following persons including, but not limited to, Lawrence Moore, Vernice Moore Alexander, Grady Alexander, Jr., John Stanley Alexander, Otis Moore, Alberta Moore Feemster, and Bennie Lewis Moore, and all persons entitled to claim under or through them, or any of them, Counter-Defendants.

Supreme Court of South Carolina.

Decided January 20, 2009.


Attorney(s) appearing for the Case

Brian Scott McCoy, of Horack Talley, of Rock Hill, and William M. Brice III, of Brice Law Firm, of York, for Appellant.

John Martin Foster, of Rock Hill, for Respondents.

Paula Knox Brown, of Rock Hill, for Guardian Ad Litem.


Chief Justice TOTAL:

In this case, Appellant Carlyle McGill filed suit against Respondents seeking specific performance on three contracts for the sale of land. The master-in-equity ruled in favor of Respondents, finding that the contracts contained a condition precedent which had not been satisfied. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Respondents are owners of undivided interests of a tract of land near Hickory Grove, South Carolina by way...

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