Tutt v. Port Royal & Augusta Railway Co.
Supreme Court of South Carolina
The complaint was as follows: The complaint of the above named plaintiffs respectfully shows unto this court: 1. That the defendants are a body politic and corporate, by and under the laws of the State of South Carolina, and doing business in the county aforesaid. 2. That the said C. G. Tutt, as trustee aforesaid, is seized in fee simple of the following described premises, to wit, all that strip or parcel of land situate in the State and county aforesaid, measuring…
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The complaint was as follows: The complaint of the above named plaintiffs respectfully shows unto this court: 1. That the defendants are a body politic and corporate, by and under the laws of the State of South Carolina, and doing business in the county aforesaid. 2. That the said C. G. Tutt, as trustee aforesaid, is seized in fee simple of the following described premises, to wit, all that strip or parcel of land situate in the State and county aforesaid, measuring twenty-seven hundred and twenty feet, more or less, in length, by two hundred feet in width, the same being a part of all that…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
This action was brought to recover a strip of land, on which the railroad of the defendant corporation has been constructed and is now operated, and $2,500 damages. The plaintiff, Tutt, as trustee, under what is known as the Miller deed, printed in the Brief, has heretofore brought two successive actions to recover these same premises. In the first case, commenced in June, 1879, long after the railroad “was completed” through the lands covered by the trust deed, Tutt, the trustee, had a verdict; but this court set it aside on the…
2Cases cited2 opinions
- Lawrence v. WrightThe Superior Court of New York City · 1853
- Ensign v. ShermanNew York Supreme Court · 1857
3Cited by3 opinions
- Cayce Land Co. v. Southern Railway Co.Supreme Court of South Carolina · 1918
- Aaron v. Southern Ry.Supreme Court of South Carolina · 1904
- Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904