Foster v. Foster
Supreme Court of South Carolina
Before Dantzrer, J., Lancaster, March Term:, 1907. Action by J. Harry Foster et al. against Charlotte R. Foster, Southern Railway Company, and Southern- Railway Company — Carolina Division. From judgment for plaintiff, the two defendant railway companies appeal. Me'ssrs.
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Before Dantzrer, J., Lancaster, March Term:, 1907. Action by J. Harry Foster et al. against Charlotte R. Foster, Southern Railway Company, and Southern- Railway Company — Carolina Division. From judgment for plaintiff, the two defendant railway companies appeal. Me'ssrs. Abney & Muller cite: Testimony of clerk of court as to whether land in question was included in other deed is not opinion evidence: 1 Wigmon on Ev., secs. 650, 658; 55 Ala., 387; 102 N. Y., 194; 74 S. C., 251; 41 S. C., 133. This action is barred by former action for possession of same land: Code of Proc., sec. 98, sub. 2; 42…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The land involved in this case was a part of the property of the late Joseph H. Foster. After his death his widow, Mrs. Charlotte R. Foster, became administratrix of his estate, and on' 20th April, 1887, undertook to grant a right of way over the lands of the estate to the Charleston, Cincinnati and Chicago' Railroad Company. That company entered under the grant and appropriated the land described in the complaint to its use as a part of its right of way. The defendant, Southern Railway Company, having acquired the interest of the…
2Cases cited2 opinions
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- Elmore v. DavisSupreme Court of South Carolina · 1897
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