HUXFIELD CEMETERY ASS'N v. ELLIOTT

No. 26866.

388 S.C. 565 (2010)

698 S.E.2d 591

The HUXFIELD CEMETERY ASSOCIATION, Appellant, v. Bobby L. ELLIOTT, Betty Sue McAllister, Charles C. Elliott, Buckie W. Elliott, Mary Lee E. Phillips and Larry Allen Elliott, Respondents.

Supreme Court of South Carolina.

Decided August 16, 2010.

Rehearing Denied September 22, 2010.


Attorney(s) appearing for the Case

W.E. Jenkinson, III , and M. Amanda Harrelson Shuler , both of Jenkinson, Jarrett and Kellahan, of Kingstree, for Appellant.

Robert J. Moran , of Murrells Inlet, for Respondents.


Justice KITTREDGE:

This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee. We reverse the special referee's order and hold Appellant...

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