Boney v. Cornwell
Supreme Court of South Carolina
Before Mauldin, J., Chester, Fall term, 1916. Action by J. W. Boney against Mary Jane Cornwell et al. From judgment for plaintiff the defendants appeal. The paragraph of the charter referred to in the opinion follows: “XX.
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Before Mauldin, J., Chester, Fall term, 1916. Action by J. W. Boney against Mary Jane Cornwell et al. From judgment for plaintiff the defendants appeal. The paragraph of the charter referred to in the opinion follows: “XX. Be it further enacted . that in the absence of any contract or contracts with the said company in relation to lands through which the said road or its branches may pass, signed by the owner thereof, or by his agent or any claimant or person in possession thereof, which may be confirmed by the owner thereof, it shall be presumed that - the land Upon which the said road or…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
Action for the recovery of certain real estate, described in the complaint, containing 13 acres, more or less, tried before Judge Mauldin and a jury, upon certain issues submitted involving title and right to possession. ' The verdict was in favor of the plaintiff, and the defendants have appealed.
While the complaint seeks the recovery of the entire tract of 13 acres, as a matter of fact the contest is limited to a narrow strip containing between 2 and 3 acres, upon which is located a storehouse, a dwelling house, and other…
2Cases cited9 opinions
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
- Ragsdale v. Southern Ry.Supreme Court of South Carolina · 1901
- Southern Railway v. HowellSupreme Court of South Carolina · 1908
- Harman v. Southern Ry.Supreme Court of South Carolina · 1905
- Southern Railway v. GossettSupreme Court of South Carolina · 1908
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