Guess v. South Bound Railway Co.
Supreme Court of South Carolina
Before Fraser, J., Barnwell, March, 1893. This was an action by S. D. M. Guess, against the South Bound Railway Company, commenced in July, 1891, to set aside a deed by plaintiff to defendant, releasing a right of way.
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Before Fraser, J., Barnwell, March, 1893. This was an action by S. D. M. Guess, against the South Bound Railway Company, commenced in July, 1891, to set aside a deed by plaintiff to defendant, releasing a right of way. This deed contained the following clause: “Such right of way to be over my said lands in such shape and direction as the said railroad company, its successors or assigns, may select, but so as not to interfere with my dwelling, barn, tenement houses or any other outbuildings, and not nearer than one hundred and fifty yards to my dwelling. But if said railroad company should…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIyer.
As is stated in the “Case” prepared for argument here: “This action was brought by the plaintiff to set aside and declare void a certain deed, made by the plaintiff to the defendant, conveying a right, of way for defendant’s road through the land of the plaintiff, on the ground that the said deed was procured from the plaintiff by artful devices, misrepresentations, fraud, and deceit.” It is also alleged that the plaintiff has sustained damages by reason of the throwing out large quantities of earth taken from the deep and long…
2Cited by1 opinion
- Atlantic Coast Line R. R. v. DawesSupreme Court of South Carolina · 1915