Earle v. Poat
Supreme Court of South Carolina
Before Gage, J., Richland, spring term, 1901. Action by John J. Earle against C. J. Poat. From judgment for defendant, plaintiff appeals. cites : Error to rule out statement to Earle’s grantor as to use of way: Elliott on Roads and Streets, 2 ed., secs. 156, 165, 166. Public alley cannot be created without dedication, express or implied: 2 Strob., 66; Elliott on Roads and Streets, 2 ed., secs. 169, 167, 178. There must be an adverse use: Elliott on Roads and Streets, 2 ed.,…
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Before Gage, J., Richland, spring term, 1901. Action by John J. Earle against C. J. Poat. From judgment for defendant, plaintiff appeals. cites : Error to rule out statement to Earle’s grantor as to use of way: Elliott on Roads and Streets, 2 ed., secs. 156, 165, 166. Public alley cannot be created without dedication, express or implied: 2 Strob., 66; Elliott on Roads and Streets, 2 ed., secs. 169, 167, 178. There must be an adverse use: Elliott on Roads and Streets, 2 ed., secs. 5, 162, 175, 92; no Ind., 509; 1 McC., 67; 112 Mass., 349; 66 Me., 254; 6 Wait’s Act. and Def., 3°4, 305, 3°7>…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
On the 16th February, 1900, this action was commenced. It is admitted that the title to an alleyway in the city of Columbia is owned by the plaintiff, which alleyway is about twelve feet wide, extending the whole depth of plaintiff’s lot, to wit: 267 feet, and that said alleyway runs through from Main street to1 Sumter street. Defendant while admitting that the fee to said alleyway for twelve feet in width and to 267 feet in depth is in plaintiff in fee simple, contends that he and the public generally have acquired a right to use the…
2Cases cited1 opinion
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