Northwestern Railroad v. Colclough
Supreme Court of South Carolina
Before Prince, J., Clarendon, November term, 1910. Action by Northwestern Railroad Company of South Carolina against Samuel Mr Colclough. Defendant appeals. cite: Courses and distance-govern in case like this: 57 N.' W. 11;'3 Pet.’92; 65 Am.
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Before Prince, J., Clarendon, November term, 1910. Action by Northwestern Railroad Company of South Carolina against Samuel Mr Colclough. Defendant appeals. cite: Courses and distance-govern in case like this: 57 N.' W. 11;'3 Pet.’92; 65 Am. Dec. 3'34; 42 Conn. 69;'5 Cyc. 923; 53'Tex. 496; 17 Mass. 207; 72 N. Y. 94; 59 S. C. 115; 37 S. C. 240. First taker had a life interest only: 82 S. C. 541; 9 S. E. 804; 16 S. C. 545; 7 S. C. 53. When deed may be considered execution of a power: 48 S. C. 518; 126 Ga. 232. Doubtful boundary line may be ñxed by parol: 136 U. S. 651; 4 Wheat. 513 ; 8 Ency.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This is an appeal from a judgment upon the merits in the same action in which preliminary injunctions were granted as reported in 84 S. C. 37, 65 S. E. 950.
A trial by jury of the legal issues being waived and the cause having been heard upon the merits, a decree was rendered adjudging that the strip of land in controversy had been appropriated to railroad uses for a right of way for the plaintiffs railroad, under a grant of the said land from the owner of the life estate therein, and perpetually enjoining and restraining the…
2Cases cited3 opinions
- Cureton v. South Bound R. R.Supreme Court of South Carolina · 1901
- Northwestern R. R. v. ColcloughSupreme Court of South Carolina · 1909
- Bridges v. Southern Ry.Supreme Court of South Carolina · 1910
3Cited by7 opinions
- Cayce Land Co. v. Southern Railway Co.Supreme Court of South Carolina · 1918
- Hershfang v. KnotterDistrict Court, E.D. Virginia · 1983
- Colclough v. BriggsSupreme Court of South Carolina · 1914
- Deason v. Southern Railway CompanySupreme Court of South Carolina · 1927
- Duke Power Co. v. RutlandCourt of Appeals for the Fourth Circuit · 1932
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