Rosenbaum v. S-M-S 32

Finney, Justice:

In this action to clear title, the circuit court struck from Appellant S-M-S 32’s counterclaim, inter alia, the assertion of an Action of Trespass to Try Title and denied appellant’s motion for a jury trial. We affirm.

Respondent Barbara H. Rosenbaum bought the subject real estate, a condominium formerly owned by the appellant, at a Beaufort County tax sale in October, 1989. In December of 1990, respondent instituted this action pursuant to S.C. Code Ann. § 12-61-10, et seq. (1976), seeking a declaration of clear title. See S.C. Code Ann. § 12-61-20 (1976).

Appellant answered by…