Legal Opinion · Concurrence

Charleston & Western Car. Ry. Co. v. Reynolds

Supreme Court of South Carolina

Decided July 30, 1904Published

Before Jos. A. McCullough, special Judge, Greenwood, June, 1903. Action by Charleston and Western Carolina Railway Co. against J. B. Reynolds et al.

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Before Jos. A. McCullough, special Judge, Greenwood, June, 1903. Action by Charleston and Western Carolina Railway Co. against J. B. Reynolds et al. The report of Master Moore, omitting statement of issues, is as follows : “In this case, as I see it, there are two main questions: “First — Are the defendants entitled to compensation? “Second — If so, are they entitled to recover under statutory proceedings? “There are many questions of fact to be settled before answering these questions. “From the testimony I find the following facts: In 1882 and up to the time of his death, Bennett Reynolds…

1Concurrence

Some time in 1882, the Greenwood, Laurens and Spartanburg Railway Company made entry upon a tract of land in Abbeville, now in Greenwood, County, known as the McGhee tract, containing 260 acres, more or less, the property of Bennett Reynolds, Sr., for the purpose of surveying and locating its railroad thereon. Bennett Reynolds, Sr., died July 3, 1883, leaving of force a will by which he devised the McGhee tract to his son, Benjamin Franklin Reynolds, for life, and "at his death, to his children or their children who may be living at that time." No conveyance having been obtained by the…

2Cases cited8 opinions

  1. Watson v. New York Central RailroadNew York Court of Appeals · 1872
  2. Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
  3. Cureton v. South Bound R. R.Supreme Court of South Carolina · 1901
  4. Rankin v. Sievern & Knoxville R. R.Supreme Court of South Carolina · 1900
  5. Faber v. PoliceSupreme Court of South Carolina · 1878

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