STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NO. 2010-CP-10-7627 WALTER L. WHALEY A/K/A WALTER L. WHALEY II, MABLE YVONNE HARDING, and FELICIA E. SINGLETON, Plaintiffs, versus- FELICIA JOHNSON WHALEY, CHARLES A. WHALEY, LEE FYALL, WINTHROP FYALL A/K/A FRANK FYALL, ENNA WHALEY (if she be alive), SONNIE WHALEY (if he be alive), JAMES WHALEY (if he be alive), NED WHALEY (if he be alive), NATASHA TOMIEA GRANT, KAREN DENISE GRANT, MARVIN CHARLES GRANT, JESSE WHALEY, ERNESTINE WHALEY A/K/A ERNESTINE SMALLS (if she be alive), VIOLA WHALEY, RUFUS WHALEY JR., A/K/A SONNY WHALEY, BETTY WASHINGTON, JAMES WHALEY, NETTIE WHALEY, ALONZO WHALEY JR., JULIA WHALEY, LOUIS MURRAY, EVELYN RIVERS, LOUISE MURRAY, ROBERT GLADDEN, JEANETTE JAMISON WHALEY, JAMISON WHALEY, ARTHUR LEE WHALEY, ELAINE WHALEY, SANDHEDT WHALEY, NETTIE WHALEY, NADINE WHALEY, FRANK WHALEY, GEORGE DAYS, ROBERT BROWN, ROSA BROWN, CELESTINE BROWN, EVELYN MALONEY, JAMES BROWN, VICKEY BROWN, PINK BROWN, LUCILLE GADSDEN, ALFRED MEGGETT, PERCIVAL MEGGETT, ADOLPH MEGGETT, DEBORAH MEGGETT, ALFREDA MEGGETT A/K/A ALFREDIA MEGGETT, SHARON ANCRUM, BENJAMIN MEGGETT, MARVIN MEGGETT, KAREN HEMPHILL, RUTH MITCHELL, SARAH GREEN, ELIZABETH FINLEY, EVANS GRANT, MARGY REEDY, BENJAMIN GRANT, JOSEPH GRANT, ROSE MURRAY, SARAH WELLS, LESTER FLUDD, ALMEDIA JONES, ELMORE RANDALL JR., 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 of ROSE FINLEY WHALEY, JOSEPH WHALEY JR., PETER WHALEY, LONNO WHALEY A/K/A LONDON WHALEY, NANCY FYALL, THOMAS WHALEY, BENJAMIN WHALEY, GLASGOW WHALEY, COOPER WHALEY, ROSA BROWN A/K/A ROSA BROWN HENSION A/K/A ROSIE BROWN HENSION A/K/A ROSA BROWN WHALEY, EVELINA BROWN-DAYS A/K/A EVELINA BROWN, ANNIE MEGGETT, JANIE CAPERS, HENRY FYALL, HENRY FYALL JR., JAMES FYALL, GRACE FYALL, MARIE FYALL, EMEL FYALL, JAKIE FYALL, HARLIE FYALL, MILEY WHALEY, JENNIE WHALEY, CARRIE WHALEY, AGNES WHALEY, MARTHA WHALEY, LUCINDA WHALEY, JULIE WHALEY, WILLIAM WHALEY, ARTHUR WHALEY, ARTHUR WHALEY JR., ELIJAH WHALEY, WILLIAM WHALEY A/K/A ELISHA WHALEY, BENJAMIN WHALEY, ESAU WHALEY, VIOLA WHALEY, NETTIE WHALEY BELL A/K/A NETTIE WHALEY HART, RUFUS WHALEY, BESSIE WHALEY, ALONZO WHALEY, NICHOLAS WHALEY, SUSAN BELL WHALEY, MABLE MITCHELL A/K/A MABLE MITCHELL WHALEY, NETTIE WHALEY, ROSA MURRAY, ROSA MURRAY WHALEY, CLARENCE WHALEY, GEORGE WHALEY, LAURA WHALEY, RUTLEDGE WHALEY, MABLE WHALEY MURRAY, WALTER LEE WHALEY SR. A/K/A WALTER WHALEY, EFFERSON WHALEY, PEARL WHALEY, ELLA MAZYCK, ANNIE MAE WHALEY, GEORGE WHALEY JR., LAURA WHALEY, ALONZO WHALEY, LOUISE WHALEY, WILLIAM WHALEY, YVONNE WHALEY, SYLVIA SCOTT A/K/A SYLVIA SCOTT WHALEY, SYLVIA GLADDEN, FRANCIS WHALEY, AND EFFERSON WHALEY JR., ROSA MURRAY, SAMUEL MURRAY, CORNELIUS MURRAY, OSCAR MURRAY, PRIMUS GREEN, CHARLES GREEN, KATHERINE GREEN, PRIMUS GREEN JR., REBECCA GREEN, 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, Defendants. SUMMONS FOR PUBLICATION 1. Suit to Quiet Title: 2. Partition: 3. Ouster TO THE DEFENDANT(S) ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, the original of which has been filed in the Office of the Clerk of Court for Charleston County, 100 Broad Street, Charleston, South Carolina, 29401, on the 17th day of September 2010, and to serve a copy of your Answer upon Barry I. Baker, at his office at One Carriage Lane, Bldg. H, Post Office Box 31265, Charleston, SC 29417, within thirty (30) days after the last date of publication of this Summons; and if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint. LIS PENDENS NOTICE IS HEREBY GIVEN and an action is commenced and is pending in this Court upon the Complaint of the above named Plaintiff against the above-named Defendants; that the said action is brought under the provisions of the South Carolina Code of Laws,1976, as amended, Section 15-53-10, et seq., (known as the Uniform Declaratory Judgment Act), Section 15-3-380, et seq., for a quieting of title by adverse possession of forty (40) years, etc. and Section 15-67-210, et seq., for a quieting of title by adverse possession of ten (10) years and for a quieting of the title because of adverse possession under the color or title for a period of greater that twenty (20) years; for the purpose of obtaining a Decree that the Plaintiffs and Defendants Charles A. Whaley and Felicia Johnson Whaley are seized of a fee simple title to the ten acre tract of land comprising the southwestern most portion of Lot 6B in Berwick Plantation as more fully described in the Plaintiff’s Complaint; that none of the known and unknown Defendants, or any person claiming by, through or under them, or any of them have any right, title, interest in, or lien upon the said property; this action is further brought for the further purpose of partitioning the remaining portion of Lot 6B, and for a determination of the individual owners who own the remaining portion of Lot 6B and the respective interest owned by each individual owners; finding further that the parties to this action do not own any other real property as tenants in common; this action is further brought for the purpose that if the subject property is incapable of being partitioned in kind or by allotment without injury to the parties this action is brought for the further purpose of obtaining an Order from this Honorable Court ordering that the subject property be sold; Said action is further brought for the purpose of establishing the heirs of ROSE FINLEY WHALEY, JOSEPH WHALEY JR., PETER WHALEY, LONNO WHALEY A/K/A LONDON WHALEY, NANCY FYALL, THOMAS WHALEY, BENJAMIN WHALEY, GLASGOW WHALEY, COOPER WHALEY, ROSA BROWN A/K/A ROSA BROWN HENSION A/K/A ROSIE BROWN HENSION A/K/A ROSA BROWN WHALEY, EVELINA BROWN-DAYS A/K/A EVELINA BROWN, ANNIE MEGGETT, JANIE CAPERS, HENRY FYALL, HENRY FYALL JR., JAMES FYALL, GRACE FYALL, MARIE FYALL, EMEL FYALL, JAKIE FYALL, HARLIE FYALL, MILEY WHALEY, JENNIE WHALEY, CARRIE WHALEY, AGNES WHALEY, MARTHA WHALEY, LUCINDA WHALEY, JULIE WHALEY, WILLIAM WHALEY, ARTHUR WHALEY, ARTHUR WHALEY JR., ELIJAH WHALEY, WILLIAM WHALEY A/K/A ELISHA WHALEY, BENJAMIN WHALEY, ESAU WHALEY, VIOLA WHALEY, NETTIE WHALEY BELL A/K/A NETTIE WHALEY HART, RUFUS WHALEY, BESSIE WHALEY, ALONZO WHALEY, NICHOLAS WHALEY, SUSAN BELL WHALEY, MABLE MITCHELL A/K/A MABLE MITCHELL WHALEY, NETTIE WHALEY, ROSA MURRAY, ROSA MURRAY WHALEY, CLARENCE WHALEY, GEORGE WHALEY, LAURA WHALEY, RUTLEDGE WHALEY, MABLE WHALEY MURRAY, WALTER LEE WHALEY SR. A/K/A WALTER WHALEY, EFFERSON WHALEY, PEARL WHALEY, ELLA MAZYCK, ANNIE MAE WHALEY, GEORGE WHALEY JR., LAURA WHALEY, ALONZO WHALEY, LOUISE WHALEY, WILLIAM WHALEY, YVONNE WHALEY, SYLVIA SCOTT A/K/A SYLVIA SCOTT WHALEY, SYLVIA GLADDEN, FRANCIS WHALEY, AND EFFERSON WHALEY JR., ROSA MURRAY, SAMUEL MURRAY, CORNELIUS MURRAY, OSCAR MURRAY, PRIMUS GREEN, CHARLES GREEN, KATHERINE GREEN, PRIMUS GREEN JR., REBECCA GREEN, all deceased; and further to establish the respective interests of the Plaintiffs and the Defendants in the remaining portion of the subject property and for an Order declaring that any defendants, if any, that this court might find has an interest in the subject property and the share of the proceeds of sale to which each are entitled; this action is further brought for the purpose of declaring that none of the Defendants (except Felicia Johnson Whaley and Charles A. Whaley) including the heirs of Rosie Brown Hension a/k/a Rosa Brown a/k/a Rosa Brown Whaley, Evelina Brown-Days, Lucille Gadsden, Annie Meggett, Janie Capers, George Days, Rosa Brown, Evelyn Maloney, James Brown, Vickey Brown, Robert Brown, Celestine Brown, Alfred Meggett, Percival Meggett, Adolph Meggett, Deborah Meggett, Alfreda Meggett a/k/a Alfredria Meggett, Sharon Ancrum, Benjamin Meggett, Marvin Meggett, Karen Hemphill, and Ruth Mitchell do not have any right, title, or interest of any kind in this subject property; this action is further brought against Defendants Elmore Randall, Jr. and the Heirs of Primus Green for the purpose of establishing ingress and egress for the subject property through Walwood Road upon the grounds that Walwood Road is a community road and upon the grounds of a prescriptive easement; this action is further brought for the purpose of obtaining a finding by this Honorable Court that the Defendants except for Felicia Johnson Whaley and Charles A. Whaley are barred from claiming any right, title, interest, or lien upon the said Ten acre tract of land comprising the Southwestern most portion of Lot 6-B upon the grounds of ouster. The property affected by this action is, at the time of the commencement of this action and at the time of the filing of this notice, fully described as follows, to wit: ALL that certain lot, piece, or parcel of land with improvements thereon, situate, lying, and being on Edisto Island in the County of Charleston known and designated as Lot 6B on a Plat of “Berwick Plantation” prepared by John K. Gourdin, Surveyor, dated 1876, and recorded in Plat Book B Page 83 in the RMC Office for Charleston County. SAID lot having such size, shape, dimensions, buttings, and boundings as will appear by reference to said plat and said plat is made a part and parcel of this description by reference thereto. BEING a portion of the property conveyed to Joseph Whaley by deed of James Hutchinson dated January 18, 1877, recorded January 16, 1879 in Book L-17, Page 306 in the RMC Office for Charleston County. TMS #076-0000-141. The properties affected by the cause of action to establish ingress and egress by an easement through Walwood Road are described as follows: As to Elmore Randall, Jr. Property: ALL that certain lot, piece, or parcel of land with improvements thereon, situate, lying, and being on Edisto Island in the County of Charleston being on State Road S-10-2063 also known as Legare Road and shown and designated as Tract D measuring and containing 3.0 acres on a Plat prepared by Raymond B. Hager, Registered Land Surveyor, entitled “PLAT SHOWING THE SUBDIVISION OF 16 28 OWNED BY ELMORE RANDALL JR and BIRTHIA RAMSUIA LOCATED ON EDISTO ISLAND, CHARLESTON COUNTY, SC”. Said Plat dated August 5, 1999, revised April 15, 2000, and recorded in Plat Book DD Page 118 in the RMC Office for Charleston County. SAID Tract D having such size, shape, dimensions, buttings, and boundings as will appear by reference to said plat and said plat is made a part and parcel of this description by reference thereto. BEING the same property conveyed to Elmore Randall, Jr. by deed of Joshua Joseph dated August 13, 1996 and recorded in Book X272 Page 272 in the RMC Office for Charleston County. TMS #076-00-00-140. As to Lands of Heirs of Primus Green: ALL that certain lot, piece, or parcel of land with improvements thereon, situate, lying, and being on Edisto Island in the County of Charleston being a portion of the said property on a Plat prepared by David W. Spell entitled “PLAT SHOWING 4.32 ACRES OWNED BY ALMEDIA JONES LOCATED ON EDISTO ISLAND CHARLESTON CO., SC MAY, 1988.” Said Plat dated May 1988, recorded July 21, 1988 in Plat Book BS Page 111 in the RMC Office for Charleston County. SAID lot having such size, shape, dimensions, buttings, and boundings as will appear by reference to said plat and said plat is made a part and parcel of this description by reference thereto. BEING the same property conveyed to Primus Green by James Hutchinson by deed dated January 18, 1877 and recorded January 15, 1879 in the RMC Office for Charleston County. The above described property is owned by the Heirs of Primus Green. Primus Green left numerous heirs including ELIZABETH FINLEY, EVANS GRANT, MARGY REEDY, BENJAMIN GRANT, JOSEPH GRANT, ROSE MURRAY, SARAH WELLS, LESTER FLUDD, ALMEDIA JONES, BUSTER FLUDD, CHRISTOPHER FLUDD, DANIEL JONES, SONNY WASHINGTON, JIM MILLIGAN, if they or any of them be alive; and CHARLES GREEN, KATHERINE GREEN, PRIMUS GREEN JR., REBECCA GREEN all deceased. Buster Fludd, Christopher Fludd, Sonny Washington, and Jim Milligan conveyed their interests in the subject property to Almedia Jones by deed dated March 2, 1981 and recorded in Deed Book B128 Page 257 in the RMC Office for Charleston County. Daniel Jones subsequently conveyed his interest in the subject property to Almedia Jones by deed dated March 2, 1981 and recorded in Deed Book B128 Page 258 in the RMC Office for Charleston County. TMS #076-00-00-139. NOTICE OF APPOINTMENT OF GUARDIAN AD LITEM NISI YOU WILL PLEASE TAKE NOTICE that by an Order dated the 17th day of September 2010, and on file in the Clerk of Court for Charleston County, Bruce A. Berlinsky, Esquire, whose office address is One Carriage Lane - Bldg. F, Charleston, South Carolina 29407, and whose telephone number is (843) 852-2202, was appointed Guardian ad Litem Nisi for such of the Defendants whose true names are unknown and fictitious names designating the unknown 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 Lis Pendens and Complaint herein; such appointment to become absolute unless the said Defendants or someone in their behalf shall procure the appointment of a Guardian ad Litem on or before the thirtieth (30) day after the last publication of the Summons herein. NOTICE OF HEARING TO THE DEFENDANTS ABOVE NAMED: YOU WILL PLEASE TAKE NOTICE that a hearing will be held before The Honorable Mikell R. Scarborough, Master-in-Equity for Charleston County, on Monday, March 10, 2014, at 10:00 o’clock a.m., at which time the Master will adjudicate the issue of the Quiet Title Action, and the easement for ingress and egress through Walwood Road. The hearing will be held at the Office of the Master-in-Equity, Charleston County Courthouse, 100 Broad Street, Courtroom 2-A, Charleston, South Carolina. PLEASE BE PRESENT TO DEFEND IF SO MINDED BARRY I. BAKER One Carriage Lane, Bldg. H Post Office Box 31265 Charleston, SC 29417 (843) 766-9007 ATTORNEY FOR PLAINTIFFS December 17, 2013
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