Byerly ex rel. Estate of Byerly v. South Carolina National Bank Corp.

Louise M. Byerly brought this action seeking an injunction for an alleged trespass to land against South Carolina National Bank Corporation. The circuit court found for Byerly and issued a mandatory injunction ordering SCN to remove a retaining wall and overhang that encroached on the property in question. SCN appeals. We vacate the decree of the circuit court.

At the time of trial, Byerly held a life estate in the property. During the pendency of SCN’s appeal, she died. A life tenant who dies no longer has any right to injunctive relief, because death terminates her estate. See Livingston v.…