Legal Opinion

Commissioners of the Streets of Georgetown v. Taylor

Court of Appeals of South Carolina

Decided May 15, 1800PublishedCited by 1 opinion

• MOTION for new trial. This was an actiop to try title to certain portions of land within the defendant’s enclosure near Georgetown, claimed by the commissioners as part of the public streets belong-, ing to the town; tried before Bay, J. in Georgetown, April, 1800. The commissioners, in support of this right, produced a deed dated in 1734, from a Mr. Screven to certain trustees therein named, for the greatest part of the lands on which Georgetown is now situated and…

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• MOTION for new trial. This was an actiop to try title to certain portions of land within the defendant’s enclosure near Georgetown, claimed by the commissioners as part of the public streets belong-, ing to the town; tried before Bay, J. in Georgetown, April, 1800. The commissioners, in support of this right, produced a deed dated in 1734, from a Mr. Screven to certain trustees therein named, for the greatest part of the lands on which Georgetown is now situated and established; to be laid out in lots for the then and future inhabitants of said town. Afterwards, Mr. Gleetand, an old…

1Opinion of the Court

The presiding judge,

in his charge to the jury, mentioned that it was their duty in the first place, to determine whether Mr. Cleeland, in making ¡his deed, intended to reserve the right of resuming those streets laid down in the plan, as well as the squares, whenever he should think proper, or not ; and if it should be their opinion that such was his original intention when he made the deed, (which they would have out with them,) and that those streets were only intended for the convenience of such persons as should purchase lots in these squares; or, in other words, as mere appendages to the…

2Cases cited1 opinion

  1. Ward v. CraneIndiana Supreme Court · 1834

3Cited by1 opinion

  1. Hoogenboom v. City of BeaufortCourt of Appeals of South Carolina · 1993

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