Seaboard Air Line Railway Co. v. Town of Fairfax
Supreme Court of South Carolina
Before Memminger, J., Barnwell, December, 1907. Action by Seaboard Air Line Railway against the town of Fairfax, J. F. Lightsey, intendant, and W. E. Harter, J. J. Harter, O. J. Youmans and J. J. Knopf, wardens.
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Before Memminger, J., Barnwell, December, 1907. Action by Seaboard Air Line Railway against the town of Fairfax, J. F. Lightsey, intendant, and W. E. Harter, J. J. Harter, O. J. Youmans and J. J. Knopf, wardens. The following is the Circuit decree: “I have carefully examined this record at my leisure after the adjournment of court, in the light of the very earnest arguments had thereon during the evening, and with grave misgivings as to the abstract justice thereof, I am constrained to hold that as to the defendants in this cause the case for the plaintiff is established by the evidence and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This is an action by the plaintiff, wherein an injunction is sought to prevent interference by the town of Fairfax, of Barnwell county, and State of South Carolina, of what is known as Sumter avenue of said town so far as the sixty feet in said avenue is set up, of the grant of land on the 210 feet in width and 2,100 feet in depth, from W. J. and J. F. Sanders unto the Savannah Construction Company for the South Bound Railroad, said grant being set up in the agreement entered into by said W. J. and J. F. Sanders on the 30th day…
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