Citation Codes Equivalent Citations citation codes Docket Number 22013 Attorney(S) R. Markley Dennis, Jr., of Dennis, Dennis Watson, Moncks Corner; and J. Sidney Boone, Jr., of Hawkins Morris, Charleston, for appellants. Thomas S. Tisdale, Jr., of Young, Clement, Rivers Tisdale, Charleston, and John B. Williams, Moncks Corner, for respondents. See more information ... Smart Summary Please sign up to generate summary. Richard H. FRIEDBERG, W.A. Moncrief, and W.A. Moncrief, Jr., Appellants, v. Charlotte Barker GOUDEAU; George C. Barker and Anna Mae Barker; GeorgeCroft Barker, Jr.; Theo Bunch; Estate of T.L. Grady; George AlexanderHarris; James Franklin Harris; E Dec. 5, 1983. Per Curiam: The appellants brought this action for partition of a cotenancy in which they owned the surface rights and one-half of the mineral rights. The respondents owned the remaining half of the mineral rights. Respondents moved for summary judgment, and summary judgment was granted on the ground that appellants impliedly agreed not to seek partition of the mineral rights. The record does not reveal that this ground was properly before the trial court. We accordingly reverse the entry of summary judgment. We express no opinion regarding the merits of the partition action. Reversed.