Grant v. Grant
| Decision Date | 17 December 1985 |
| Docket Number | No. 0635,0635 |
| Citation | 288 S.C. 86,340 S.E.2d 791 |
| Court | South Carolina Court of Appeals |
| Parties | Janie J. GRANT, Julia G. Thomas, Joseph Grant, Moses Grant, Margaret G. White, Annie B. Smalls, Laura M. Grant, Genevieve G. Gershin, James Grant, Jr., and Rosa L. Grant, in their capacity as successors to the interest of James Grant, deceased, Appellants, v. Abraham GRANT, the heirs of Abraham Grant, Peggie Grant, the heirs of Peggy Grant; Janie Grant, the heirs of Janie Grant; Patsie Murray, the heirs of Patsie Murray; Edward M. Murray, the heirs of Edward M. Murray; Diana Singleton, the heirs of Diana Singleton; David Grant, the heirs of David Grant; Sara Christopher, the heirs of Sara Christopher; Beulah Kelson, the heirs of Beulah Kelson; Viola Chisholm, the heirs of Viola Chisholm; Blossom Grant, the heirs of Blossom Grant; Bell Williams, a/k/a Bell Williams Grant, the heirs of Bell Williams, a/k/a Bell Williams Grant; Julia Thomas, the heirs of Julia Thomas; Moses Grant, the heirs of Moses Grant; Joseph Grant, the heirs of Joseph Grant; Margaret White, the heirs of Margaret White; Annabel Smalls, the heirs of Annabel Smalls; Harold Smalls, the heirs of Harold Smalls; Laura Grant, the heirs of Laura Grant; Genevieve Grant, the heirs of Genevieve Grant; James Grant, Jr., the heirs of James Grant, Jr.; Rosa Lee Grant, the heirs of Rosa Lee Grant; Abraham Grant # 2, the heirs of Abraham Grant # 2; Hatie Green, the heirs of Hatie Green; Sadie G. White, the heirs of Sadie G. White; Naaman Singleton, the heirs of Naaman Singleton; Esekiel Singleton, the heirs of Esekiel Singleton; Simon Singleton, the heirs of Simon Singleton; Julia Singleton, the heirs of Julia Singleton; Bluer Singleton, the heirs of Bluer Singleton; Bankers Trust of South Carolina; Palmetto Electric Cooperative, Inc.; the heirs and assigns of anyone listed in particular and all other parties known or unknown claiming any right, title or interest to the property described in the Complaint herein being collectively designated as John Doe and Mary Doe, all heirs, distributees or devisees of any unkn |
Arthur G. McFarland of McFarland & Jenkins, Charleston, for appellants.
James M. Herring and Curtis L. Coltrane both of Herring & Meyer, Hilton Head Island, for respondents.
This action to quiet title to real property was instituted on October 4, 1979 by James Grant whose position is represented by the appellants, his heirs-at-law (the Grants). James Grant claimed title to the realty once owned by his brother, Abraham Grant, under three theories. Only his adverse possession claim is before us on appeal. The respondent, Sadie Mae Grant White, is Abraham Grant's daughter and James Grant's niece. The jury rendered a verdict in favor of Mrs. White. We affirm.
The disputed land is located on Hilton Head Island fronting on South Carolina Highway 278 and is bordered by Janie Grant's (Mrs. James Grant's) home and a convenience store. Abraham Grant allowed his brother to cultivate the land prior to his death in 1963. In April 1966 Mrs. White filed a summons and petition with the Probate Court of Beaufort County against James Grant to determine her rights in the land as Abraham Grant's sole heir. Because of her uncle's promises to settle with her, she did not pursue the litigation.
On January 27, 1964 James Grant was made the administrator of Abraham Grant's estate and served in this capacity until his death on December 1, 1979. Between 1965 and 1980 taxes on the land were paid in the name of the heirs of Abraham Grant. In 1977 James Grant executed a mortgage covering adjacent land representing that the subject land was owned by the heirs of Abraham Grant.
James Grant instituted this action by serving all of the parties to this action by publication even though he lived with some of them and others lived only a short distance from his home. Subsequently, the circuit court entered a default judgment. In August 1981 Mrs. White filed a petition to reopen the judgment. In March 1983 the circuit court entered an order reopening the case and allowing Mrs. White to advance her claim to the property. Mrs. White, thereafter, filed an answer and a counterclaim wherein she sought title to the land as Abraham Grant's sole heir.
At an August 30, 1983 roster meeting, this matter was set for trial on September 19, 1983. For reasons not appearing in the record, the Grants dismissed their attorney on September 10, 1983 even though he had advised them that their case was the first set for trial on September 19, and that if they could not retain another attorney, they needed to be prepared to proceed pro se. On September 13, 1983 the Grants retained new counsel and turned over a well-prepared case file to him.
On the morning of September 19, 1983 the court allowed the Grants' former counsel to be relieved as attorney of record. On that date the Grant's new counsel moved for a continuance so that he could interview witnesses. The judge denied this motion because the case dating back to 1979 needed to be resolved and because several cases were set to be heard during that term for a day certain. However, the court agreed to grant the continuance if opposing counsels agreed and if another case could be tried in the time allotted for this case. Mrs. White's counsel would not agree to a continuance because his out of town witnesses were already in the court.
In the afternoon of September 19, when this case was called for trial, the Grants moved for a voluntary nonsuit, thereby electing to proceed on Mrs. White's reply and counterclaim and their answer. The motion was granted and the Grants did not call any witnesses during the trial.
The Grants raise three issues on appeal: one, whether the trial judge's denial of the motion for a continuance amounted to an abuse of discretion; two, whether the trial court erred in admitting a survey into evidence; and three, whether the trial court erred in striking the Grants' adverse possession defense.
The Grants assert that the trial judge abused his discretion by not giving due "consideration to the nature of the rights and public interest involved and to the effect of the delay on the exercise of such rights in the protection of the public interest." We disagree.
Motions for continuance are addressed to the sound...
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