Dion v. Ravenel, Eiserhardt Associates, 2223
| Decision Date | 10 May 1994 |
| Docket Number | No. 2223,2223 |
| Citation | 449 S.E.2d 251,316 S.C. 226 |
| Parties | Raymond O. DION, Eleanor Dion Fairey, Thomas Raymond Dion, Mary Dion Georgion and William Humphreys Dion, Respondents, v. RAVENEL, EISERHARDT ASSOCIATES, a South Carolina Limited Partnership, Charles E. Eiserhardt, Jr., Charles D. Ravenel, Patrick O'Connor, Willms Trucking Company, Inc., and Laura O. Cantrell, Appellants. . Heard |
| Court | South Carolina Court of Appeals |
Harold A. Oberman, of Oberman & Oberman, A. Arthur Rosenblum and Robert L. Wylie, IV, of Wall & Shoun, Charleston, for appellants.
John G. Frampton and Michael D. Moore, Summerville, for respondents.
The master, after granting foreclosure on certain highland property in Charleston County, amended his order pursuant to a motion by the respondents, hereinafter Dions, under Rule 60(a), SCRCP to include in the description of the property a causeway providing access to the highland property across the surrounding marsh. Ravenel, Eiserhardt Associates, Charles E. Eiserhardt, Jr., and Charles D. Ravenel, hereinafter Ravenel, and Patrick O'Connor appeal. 1 We reverse and remand.
The Dions sold the highland property in question, along with surrounding marshland and a right of way, to Ravenel for $960,000. The Dions received a purchase money mortgage on the highland property but not on the marshland. (O'Connor subsequently acquired a mortgage on the entire property, including the marshland.)
The Dions brought a foreclosure action when the mortgage became delinquent, and the master issued a Judgment of Foreclosure and Sale by Order dated December 14, 1991, and filed December 16, 1991. The Dions thereafter obtained title to the property by virtue of a Master's Deed.
The description of the property in the Judgment of Foreclosure, reflecting the language in the mortgage, was as follows:
ALL THAT CERTAIN highland portion of Raccoon Island and Hog Island containing One Hundred Twenty Three (123) acres of highland on Raccoon Island and Two (2) acres of highland on Hog Island as more fully shown on a Plat entitled "A Plat Of Raccoon Island And Hog Island With Adjacent Marsh Lands Comprising One Body Of Land Generally Known As Raccoon Island Located On The West End of Edisto Island In Charleston County, S.C., Containing 1,743 Acres + -" by H.H. Foster, L.S., dated June 3, 1967, and recorded December 12, 1967, in Book W-166 in the R.M.C. Office of Charleston County. Said highland has such shape, buttings, boundings and dimensions as will by reference to said Plat more fully and at large appear.
Together with that certain easement of right-of-way (50 feet wide) from Raccoon Island Road to Raccoon Island Causeway, on, over, upon and across that certain property now formerly, of Freddie B. King, for ingress, egress and regress to and from the property hereinabove referred to and described, granted and conveyed by and under that certain instrument from Freddie B. King to Jeanne Marie Lee, et al., dated July 14, 1964, and of record in the R.M.C. Office of Charleston County in Book Y-81, Page 201, and as shown and delineated on that certain Plat by A.L. Glenn, P.E. & L.S., dated January 30, 1964, attached to, and made a part and parcel of the instrument above-referred to, and of record in the office aforesaid in Plat Book S, Page 32.
By this language, the foreclosed property included an easement giving access to the causeway over adjacent property, but did not specify the causeway itself. Without the causeway, the highland property is accessible only by water.
The Dions, encountering difficulties marketing the property, filed a motion on December 17, 1992, seeking an amendment of the Order of Foreclosure and a "corrective Master's deed" to include the causeway across the marshland in the description of the property, arguing the causeway was highland.
O'Connor, whose mortgage had priority as to the marshland but was junior as to the highland, argued against the motion, maintaining the causeway was part of the marshland property. Ravenel also argued against the motion, maintaining the causeway was not included in the property foreclosed upon.
The master, by Supplemental Order dated February 10, 1993, found the causeway was not part of the marshland mortgaged to O'Connor, but rather was included in the highland property mortgaged to the Dions. The master further found it "frivolous to assume that the [Dions] would receive a Purchase Money Mortgage of almost One Million Dollars to property they previously owned with an existing causeway that served as the only access to the property and not intended the causeway be within the description of the property mortgaged to them." The master then ordered the December 14, 1991 Judgment of Foreclosure and Sale supplemented with the following additional description:
Together with that certain causeway providing access to Hog and Raccoon Islands, said causeway known as Raccoon Island Causeway leading from the...
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