Walker v. Guignard, No. 1007

• Court: Court of Appeals of South Carolina
• Writing for the Court: SHAW
• Citation: 293 S.C. 247,359 S.E.2d 528
• Parties: W. Earl WALKER, Appellant, v. Sanders R. GUIGNARD, Jr., Emile G. Mallard, William G. Faris, Roger S. Faris, and if any of these persons be dead, then any children and heirs at law, distributers, devisees, and if any of the same be dead, any and all persons entitled to claim under or through them, also all other persons unknown claiming any right, title, interest, or lien upon the real property described in the complaint herein; and any unknown adults being as a class designated as John Doe, and any unknown infants or persons under disability or in the military service being as a class designated as Richard Roe; and the City of Cayce, and Sanders R. Guignard, Jr., Jane G. Curry and William M. O'Cain, as statutory liquidating trustees of Lexington Holding Company, and James E. Smith (k/n/a Cherry Park Corporation), Defendants, of which Sanders R. Guignard, Jr., Emile G. Mallard, William G. Faris, Roger S. Faris, Individually and as liquidating trustees of Lexington Holding Company and Cherry Park Corporation are Respondents. . Heard
• Decision Date: 17 June 1987
• Docket Number: No. 1007

Page 528

359 S.E.2d 528 293 S.C. 247 W. Earl WALKER, Appellant,
v.
Sanders R. GUIGNARD, Jr., Emile G. Mallard, William G.
Faris, Roger S. Faris, and if any of these persons be dead,
then any children and heirs at law, distributers, devisees,
and if any of the same be dead, any and all persons entitled
to claim under or through them, also all other persons
unknown claiming any right, title, interest, or lien upon
the real property described in the complaint herein; and
any unknown adults being as a class designated as John Doe,
and any unknown infants or persons under disability or in
the military service being as a class designated as Richard
Roe; and the City of Cayce, and Sanders R. Guignard, Jr.,
Jane G. Curry and William M. O'Cain, as statutory
liquidating trustees of Lexington Holding Company, and James
E. Smith (k/n/a Cherry Park Corporation), Defendants, of which
Sanders R. Guignard, Jr., Emile G. Mallard, William G.
Faris, Roger S. Faris, Individually and as
liquidating trustees of Lexington
Holding Company and Cherry
Park Corporation are
Respondents. No. 1007. Court of Appeals of South Carolina. Heard June 17, 1987.
Decided Aug. 3, 1987.

Ronald R. Hall, West Columbia, for appellant.

[293 S.C. 248] James Randall Davis, Lexington, for all respondents except Cherry park.

Harry A. Swagart, James H. Lengel and Maxwell F. Boyle, Columbia, for Cherry Park.

SHAW, Judge:

Appellant, W. Earl Walker, brought this action to quiet title to property obtained by

Page 529

a quit claim deed from the City of Cayce. He appeals from the final order of the Special Referee which held the property vested in the respondent Statutory Liquidating Trustees of Lexington Holding Company (hereinafter L.H.C.), the original grantor, and also held respondent Cherry Park Corporation (hereinafter Cherry Park) an abutting landowner, held a valid easement over the property. We affirm.

The facts of this case are undisputed. The property in question was a part of a larger parcel which was subdivided by L.H.C., and, pursuant to that subdivision, a plat was created in 1955 designating this property in question as 14th Street. On the Lexington County Tax Map, this property is described as "Fourteenth St.--Un-Open". L.H.C. never conveyed the 14th Street property to the City of Cayce by deed, and since its inception, 14th Street has never been used as a road. Cherry Park obtained a lot abutting 14th Street by deed. The deed, and each other deed in the conveyance of that...