Winn v. Grantham

Littlejohn, Justice:

This action comes by way of appeal from a summary judgment. The sole question to be decided is whether §§ 10-2402 and 10-124 of the Code of Laws of South Carolina (1962) apply. These sections permit a plaintiff to bring two actions against the same party for the recovery or possession of real property.

Appellants initiated the first action in July 1972, at which time they alleged that respondents were trespassing and encroaching upon their property. Appellants and respondents own adjoining lots and appellants alleged that respondents “erected a building, parking lot and…