DANLEY WILLIAMS v. MOORE

No. 5029.

400 S.C. 90 (2012)

733 S.E.2d 224

Barbara B. DANLEY WILLIAMS, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton and Carolyn Durant White, Respondents, v. Elgie M. MOORE, Larry M. Moore, W.F. Moore, Howard Danley Daniels, Jr., Earl Daniels, Cynthia Daniels, if they or any of them be alive; John Doe and Jane Doe, whose true names are Unknown and Fictitious names designating the unknown heirs, devisees, distributees, issue, executors, administrators, successors, or assigns of the above named Defendants, if they or any of them be dead, and William E. Danley, Elizabeth Danley, Elie Danley, Joe Danley, Rosetta Danley Simmons, Harriet Danley Durant, Elizabeth Danley Stigers, Howard Danley Daniels, William E. Danley, Jr., Harold Daniels, Melvin Durant, John A. Durant, all deceased; and Mary Roe and Richard Roe, whose true names are unknown and fictitious names designating infants, persons under disability, incompetents, imprisoned, or those persons in the military, if any; and also all other persons, known or whose true names are unknown, claiming any right, title interest in, or lien upon the real estate described in the Complaint herein, Of whom Elgie M. Moore, Larry M. Moore, and W.F. Moore are the Appellants.

Court of Appeals of South Carolina.

Decided September 5, 2012.


Attorney(s) appearing for the Case

Donna K. Taylor , of Taylor Bowley & Byrd, LLC, of Charleston, for Appellants.

James K. Holmes , of The Steinberg Law Firm, LLP, Richard E. Fields , and Barry I. Baker , all of Charleston, for Respondents.


LOCKEMY, J.

In this property dispute, Elgie and Larry Moore appeal the trial court's decision to grant relief to Barbara B. Danley Williams, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton, and Carolyn Durant White (collectively known as Respondents). Specifically, the Moores argue the trial court erred in: (1) basing its decision on the incorrect survey; (2) denying the Moores' motion for directed verdict

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