Kunkle v. South Carolina Electric & Gas Co.

Lewis, Justice.

This is an action under Section 10-2401 of the 1962 Code of Laws to quiet title to a tract of land containing 291.2 acres, known as Werber Bottoms, located on the Saluda River, in Newberry County, and involves a determination of the extent of the estate owned therein by the defendant-appellant, South Carolina Electric & Gas Company. This appeal is from an order of the lower court holding that defendant only owns an easement in the lands and that plaintiff-respondent owns the fee.

At the outset, the plaintiff has moved to dismiss the appeal upon the grounds that (1) defendant’s…