Fisher v. Fair
Supreme Court of South Carolina
Before Wallace, J., Richland, This was an action by W. C. Fisher against Mary D. Fair and J. Q. Marshall, to recover damages for the obstruction of an alley way.
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Before Wallace, J., Richland, This was an action by W. C. Fisher against Mary D. Fair and J. Q. Marshall, to recover damages for the obstruction of an alley way. The case turns principally upon the construction of the following deed: This indenture witnesseth that Samuel Fair agrees to allow Thomas Davis to have for himself and his heirs and assigns, forever, a right of way by an alley ten feet wide, over the northern edge of the lot in the town of Columbia, on the northern side of Plain street, and bounded on the east by Sumter street, into which the said alley is to run; and said Samuel…
1Opinion of the Court
The opinion of the court was delivered by
*205
Mr. Justice McIver.
This was an action to recover damages for the obstruction of an alleged right of way over the lands of defendants, and to perpetually enjoin the defendants from obstructing the same. The diagram annexed to the “Case” shows distinctly the situation of the premises and the course of the way claimed by the plaintiff, and should be incorporated in the report of this case. It is sufficient to state generally that the alleged way is an alley. between adjacent lots in the city of Columbia, plaintiff being the owner of the two lots…
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