F. S. Royster Guano Co. v. Fowles
Supreme Court of South Carolina
Before J. P. Carby, special Judge, Richland, July, 1905. Action by B. S. Royster Guano Co. against Adeline J. Bowles and J. Newton Bowles. The following is the Circuit decree: “The plaintiff is a corporation engaged in the business of manufacturing fertilizers near the city of Columbia.
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Before J. P. Carby, special Judge, Richland, July, 1905. Action by B. S. Royster Guano Co. against Adeline J. Bowles and J. Newton Bowles. The following is the Circuit decree: “The plaintiff is a corporation engaged in the business of manufacturing fertilizers near the city of Columbia. Its plant is located on a tract of land containing fifteen acres purchased from the defendant, Adeline J. Bowles, in May, 1901. This defendant at the time of the purchase and ever since owned the lands north of the fifteen acre tract sold the plaintiff on which near the plaintiff’s tract there is alleged to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff corporation commenced this action on December 31st, 1901, to perpetually enjoin defendants from diverting the waters of the spring and pond on defendant’s land by opening and deepening a ditch, in violation of plaintiff’s alleged easement therein, granted by the defendants. The issues of law and fact raised by the pleadings were tried before. special Judge Carey, who made decree, dated July 26th, 1905, refusing injunction and dismissing the complaint, from which comes this appeal, upon numerous exceptions to his findings…
2Cases cited2 opinions
- Phillips v. AnthonySupreme Court of South Carolina · 1896
- South Carolina Mutual Insurance v. TolbertSupreme Court of South Carolina · 1903