South Carolina State Highway Department v. Metts

Lewis, Chief Justice:

The respondent, South Carolina State Highway Department, brought this action to confirm its ownership of a right of way, extending thirty-seven and one-half (37)4) feet from the center line of U. S. Highway No. 52, over a service station lot, owned by appellants, in Berkeley County. The complaint further sought removal of a concrete island and gasoline pumps from the claimed right of way. Pertinent here, appellants interposed a general denial and alleged the respondent was estopped to assert any claim to the right of way in question. This appeal is from an order of the…