Legal Opinion

Wyatt v. Cely

Supreme Court of South Carolina

Decided August 12, 1910No. 7656PublishedCited by 7 opinions

Before C. C. FeathUrstonE;, Special Judge, Greenville, June, 190’9. Action by John G. Wyatt against Alice M. Cely. From order of injunction, defendant appeals. cites: Plaintiff must show damages peculiar to him: 48 S. C., 560'; 1 Hill, 365; 30 S. C., 545; 46 S>. C., 328. User must he adverse: 1 Chev., 1; 32 S. E., 424; 6 Rich., 401; 1 Bail., 58, 341; 41 S. C., 20; 53 S. C., 514; 63 $. C., 454; 76 S. C., 387. Framing verdict: 63 S. C., 466; 70S. C., 216. Oral argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

This action was brought to enjoin the obstruction of an alley in which plaintiff claimed an easement on the grounds: 1. That it was appurtenant to his lot, because it was substituted for another way which had been dedicated to the use of his lot. 2. By prescription in himself and his grantors. 3. By prescription in the public.

The following issue was submitted to a jury: “Is the plaintiff entitled to an easement in the land in dispute as claimed in the complaint?” To which the jury answered “yes.” Thereupon, a perpetual injunction…

2Cases cited1 opinion

  1. Gray v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1908

3Cited by7 opinions

  1. Ford v. New York Life Ins. Co.Supreme Court of South Carolina · 1935
  2. Liberty Mutual Insurance v. GouldSupreme Court of South Carolina · 1976
  3. Town of Estill v. ClarkeSupreme Court of South Carolina · 1936
  4. Town of Ninety Six v. Southern Railway CompanyCourt of Appeals for the Fourth Circuit · 1959
  5. Bank of Pendleton v. MartinSupreme Court of South Carolina · 1921

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API