Southern Railway Co. v. Day

Mr. Ci-iiee Justice Gary

(dissenting) : This is an action brought by the Southern Railway Company to remove an obstruction from its right of way near Greene Avenue in the City of Greenville. The defendant purchased the property some time after the erection of the building, and had no actual notice of the railroad’s claim at the time of the purchase. The case was tried by a jury, and a verdict was returned in favor of the defendant.

The facts in the case are almost entirely admitted. In the early part of 1914, J. Harry Dean and S. C. Calder, who then owned the property, erected a small frame…