Legal Opinion

Railroad Co. v. Leech

Supreme Court of South Carolina

Decided June 25, 1890PublishedCited by 11 opinions

Before Pressley, J., York, November, 1889. Action by “The Charleston, Cincinnati & Chicago Railroad Company” against M. Elizabeth Leech and her four minor children, commenced October 10, 1889. The facts of the case are stated in the opinion. The Circuit decree was as follows : The only facts before me in this case are contained [in] the pleadings and the release of the right of way, filed with the complaint.

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Before Pressley, J., York, November, 1889. Action by “The Charleston, Cincinnati & Chicago Railroad Company” against M. Elizabeth Leech and her four minor children, commenced October 10, 1889. The facts of the case are stated in the opinion. The Circuit decree was as follows : The only facts before me in this case are contained [in] the pleadings and the release of the right of way, filed with the complaint. By that release, which was voluntary, the defendant, Elizabeth, granted to plaintiff a right of way through any of her land. She does [not], either expressly or by implication, bind…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The defendant, M. Elizabeth Leech, with her four minor children, her co-defendants herein, are the owners, as tenants in common, of a certain tract of land which descended to them as heirs at law of Joseph W. Leech, deceased, through and over which tract the plaintiff’s railroad has been constructed. On the 4th of May, 1887, the said M. Elizabeth Leech, by her writing under seal, “being desirous of promoting the building of said railroad, and also for and in consideration of the sum of one dollar,” the receipt of which was…

2Cases cited1 opinion

  1. Sheets v. Selden's LesseeSupreme Court of the United States · 1865

3Cited by11 opinions

  1. Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
  2. Duke v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1905
  3. Waterford I. Dist. v. Turlock I. Dist.California Court of Appeal · 1920
  4. Ex Parte Union Manufacturing and Power Co.Supreme Court of South Carolina · 1908
  5. Williams v. BrutonSupreme Court of South Carolina · 1922

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