Atlanta & Charlotte Air Line Ry. Co. v. Limestone Globe Land Co.
Supreme Court of South Carolina
Before PeuriToy, J., Cherokee, Fall term, 1911. Suit by the Atlanta & Charlotte Air Line Railway Company against the Limestone Globe Land Company et al.
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Before PeuriToy, J., Cherokee, Fall term, 1911. Suit by the Atlanta & Charlotte Air Line Railway Company against the Limestone Globe Land Company et al. Judgment for plaintiff, and defendant appeals. . submit: Respondent must rely on a written contract with the owner of the land, over which it claims a right, and can invoke no presumption arising out of the act of incorporation to establish a right of way over any land not occupied by it, but which is in the actual occupancy of the appellants, claiming adversely under claim founded on written title: 105 S. C. 80; 99 S. C. 299; Const, of 1868,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Defendants appealed from a decree of the Circuit Court which enjoined them from using a permanent street laid out within the limits of plaintiff’s right of way. Plaintiff and defendants claim under the Magnetic Iron Company, a corporation.
In 1870 a deed was executed which purported to convey to plaintiff’s predecessor in title a right of way through the lands of the Magnetic Iron Company 200 feet wide, 100 feet on each side of the railroad which was thereafter to be built. On its face it appears to have been intended to be the deed…
2Cases cited3 opinions
- Walker v. W., C. & A. RailroadSupreme Court of South Carolina · 1887
- Moyer v. East Shore Terminal Co.Supreme Court of South Carolina · 1894
- Beck v. Northwestern R. Co. of S.C.Supreme Court of South Carolina · 1916
3Cited by12 opinions
- Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
- Southern Railway Co. v. DaySupreme Court of South Carolina · 1926
- Kershaw Motor Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1926
- Williams v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1927
- Atlantic Coast Line R. Co. v. LittleSupreme Court of South Carolina · 1940
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