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FRAZIER v. SMALLSEED

No. 4558.

384 S.C. 56 (2009)

682 S.E.2d 8

Eliza FRAZIER and Dorothy Anderson Brailford, Respondents, v. Simon SMALLSEED; George Holmes; Eve Green; Louisa Brown; Earnestine Smalls; Virginia Anderson; Frank Green and Luther A. Green, if living, and if deceased, their heirs at law, next of kin, distributees, devisees and any persons claiming under, by or through them, also, Jane A. Hannah and Donald Hannah; Colden R. Battey, and all other persons unknown claiming by, under or through them as heirs, distributees, devisees, and any and all persons unknown having, or claiming to have, any right, title, estate, interest in or lien upon the real property described in the Amended Complaint, being designated collectively as John Doe, including all persons unknown, all minors, persons in the Armed Forces, persons non compos mentis, and any and all other persons under any disability who might have a claim to have any right, title, interest in or lien upon the real property described in the Amended Complaint, designated as Mary Roe, Defendants, Of Whom Colden R. Battey is Respondent, Jane A. Hannah and Donald G. Hannah are Appellants, and Matthew McAlheany, Intervenor, is Respondent.

Court of Appeals of South Carolina.

Decided June 4, 2009.

Attorney(s) appearing for the Case

Alysoun M. Eversole, of Beaufort and Stephen L. Brown, William L. Howard, and Russell G. Hines, all of Charleston, for Appellants.

Colden Battey and Louis O. Dore, both of Beaufort and Robert V. Mathison, of Hilton Head Island, for Respondents.

PER CURIAM.

In this civil case, we must determine whether the trial court erred in concluding Donald and Jane Hanna (collectively the Hannas) did not own certain property located in Beaufort County by adverse possession and whether Eliza Frazier and Dorothy Anderson Brailford have a right to an easement in certain property located in the same county. We affirm in part and reverse in part.

FACTS

The case involves around a parcel of land located in...

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