Hammond v. Port Royal & Augusta Railway
Supreme Court of South Carolina
Before Kershaw, J., Aiken, September, 1881. Action by Paul F. Hammond against the Port Eoyal and Augusta Eailway Company. To the statement made in the opinion it will be necessary only to add the precise language which raised the points considered by this court.
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Before Kershaw, J., Aiken, September, 1881. Action by Paul F. Hammond against the Port Eoyal and Augusta Eailway Company. To the statement made in the opinion it will be necessary only to add the precise language which raised the points considered by this court. The motion for non-suit was based, in part, substantially upon the positions taken in the following requests to charge: 1. That the deed of Paul F. Hammond to the Port Eoyal Eailroad Company, was a conveyance upon condition, without any covenant by the grantee to observe or perform, the condition, and did not impose upon the…
1Opinion of the Court
The opinion of the court was delivered by
McIvee, A. J.
On May 22d, 1872, the plaintiff executed a deed to the Port Royal Railroad Company for a strip of land two hundred feet wide and about one mile and a half in length, running through a tract of land known as the Cathwood plantation. The estate conveyed by this deed was upon certain conditions, the only one with which we are at present concerned being expressed in the following language: “To have and to hold the said strip of land * * * unto the said party of the second part, their successors and assigns, forever: provided always, and this…
2Cases cited1 opinion
- Hale v. FinchSupreme Court of the United States · 1881
3Cited by2 opinions
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- Delaney v. Railway CompanySupreme Court of South Carolina · 1900