Legal Opinion

Kershaw v. Burns

Supreme Court of South Carolina

Decided March 26, 1912No. 8156PublishedCited by 8 opinions

, Before’DeVorE, J., Sumter, May, 1911., Action by Friday Kersbaw against W. B. Burns. Plaintiff appeals. cite: What is an appurtenant easement? Washburn on Eas., 45; Jones on Eas,, sec. 34; 77 Ana.

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, Before’DeVorE, J., Sumter, May, 1911., Action by Friday Kersbaw against W. B. Burns. Plaintiff appeals. cite: What is an appurtenant easement? Washburn on Eas., 45; Jones on Eas,, sec. 34; 77 Ana. St. R. 677; 14 Cyc. 1141; 21 S. C. 221; 27 S. C. 549; 49 ICy. 463; 41 S. E. 585; 10 Mas®. 183; 114 Mass. 382; 45 N. W. 958; 34 S. C. 208; 14 Cyc. 1140; 42 S. E. 723. In construing a deed the habendum clause controls the granting clause: 165 Mo. 380; 65 S, W. 579. No specific zuords are necessary to create an easement: 10 Enicy. 409. Deed should be construed more strictly against the grantor: 51 S.…

1Opinion of the Court

The opinion of the Court was delivered! by

Mr. Chiee Justice Gary.

This action involves a right of easement over an alley.

The complaint alleges: That the plaintiff is seized in fee, and) possessed of all that lot of land in the city of Sumter, ■bounded north by Hampton avenue, east by land of Mrs. Gregg, south by land of Mrs. C. G. Bultman, and west by the strip of land or alleyway, hereinafter referred to. That the plaintiff owns a right of way easement, appurtenant to the lot above described, in and over the said alleyway, for ingress and egress from Hampton avenue, to the lot above…

2Cases cited4 opinions

  1. Alston v. LimehouseSupreme Court of South Carolina · 1901
  2. Johnson v. JonesSupreme Court of South Carolina · 1905
  3. Whaley v. StevensSupreme Court of South Carolina · 1887
  4. Fisher v. FairSupreme Court of South Carolina · 1891

3Cited by8 opinions

  1. Anderson v. Aetna Casualty and Surety Co.Supreme Court of South Carolina · 1934
  2. Brasington v. WilliamsSupreme Court of South Carolina · 1927
  3. Willard v. FinchSupreme Court of South Carolina · 1923
  4. Windham v. RiddleSupreme Court of South Carolina · 2009
  5. Rhett v. GrayCourt of Appeals of South Carolina · 2012

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