Benson v. United Guaranty Residential Insurance of Iowa

This is an action to quiet title. The appellants, James and Evelyn Benson, brought this action seeking to have a judgment lien held by the respondent, United Guaranty Residential Insurance of Iowa1 (United), declared void and to have it removed from property owned by them. In response to the complaint, United filed a motion to dismiss pursuant to Rule 12(b)(6), SCRCP, claiming the Bensons failed to state facts sufficient to constitute a cause of action. The case was referred to the master-in-equity pursuant to S.C. Code Ann. § 15-67-60 (1976), which permits the referral of actions to quiet…