Raleigh C.R. Co. v. Jones
Supreme Court of South Carolina
Before DeVore, J., Marion, December, 1914. Action by the Raleigh & Charleston Railroad Company against P. F. Jones and another.
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Before DeVore, J., Marion, December, 1914. Action by the Raleigh & Charleston Railroad Company against P. F. Jones and another. From a judgment for plaintiff, defendants appeal. cite: As to estoppel: 84 S. C. 426, 430; 82 S. C. 24, 27; 93 S. C. 397; 159 U. S. 46, 49. Privileged communications: 40 Cyc. 2361, 2365; 30 S. C. 144, 150. Burden of proof on issue as to estoppel: 93 S. C. 190. cites: As to estoppel: 82 S. C. 25. Declarations of agent: 100 S. C. 258. Privileged communications: 40 Cyc. 2364; 73 S. C. 158; 10 Enc. of Ev., p- 321; 44 S. C. 544. Burden to prove estoppel: 67 S. C. 446.
1Opinion of the Court
March 8, 1916. The leading opinion was announced by This is an action to recover possession of a small parcel of land, in the town of Marion, over which, it is alleged, the plaintiff has a right of way. It appears from the record that W.J. Montgomery, who formerly owned the land in dispute, executed a deed of conveyance thereof to T.C. McNeely, who thereafter, to wit, on the 5th of May, 1902, conveyed to the Carolina Northern Railway Company an easement in said land 100 feet wide — 50 feet from the center of the track on each side — and an additional 100 feet on the west side, where the land…
2Cases cited3 opinions
- Wilson v. GordonSupreme Court of South Carolina · 1905
- Chambers v. BookmanSupreme Court of South Carolina · 1903
- Moffatt v. HardinSupreme Court of South Carolina · 1884
3Cited by9 opinions
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- Erskine v. ErskineSupreme Court of South Carolina · 1917
- MacAulay v. HOWARDSupreme Court of South Carolina · 1956
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