Williamson v. Abbott
Supreme Court of South Carolina
Before Maurdin, J., Darlington, Action by R. W. Williamson against G. Walter Abbott and others. From a judgment for plaintiff, defendants appeal. cite: As to requirement of easement by prescription: 2 McC. 445; 53 S. C. 514. Degree of proof: 22 S. C. 545. Relation of tenant: 1 Cyc. 1062; 53 R. R. A. 951; 89 Am. St. Rep. 89; 1 Spears R. 231; 35 S. C. 610; 15 Am. Dec. 455; 17 Am. Dec. 518; 47 Am.
Read the full summary
Before Maurdin, J., Darlington, Action by R. W. Williamson against G. Walter Abbott and others. From a judgment for plaintiff, defendants appeal. cite: As to requirement of easement by prescription: 2 McC. 445; 53 S. C. 514. Degree of proof: 22 S. C. 545. Relation of tenant: 1 Cyc. 1062; 53 R. R. A. 951; 89 Am. St. Rep. 89; 1 Spears R. 231; 35 S. C. 610; 15 Am. Dec. 455; 17 Am. Dec. 518; 47 Am. Dec. 462. Adverse user: 2 Strob. 60; 96 S. C. 259. Elements of damage: 57 S. C. 189; 63 S. C. 462. cites : As to motion to direct verdict: 91 S. C. 540. Some evidence presented an issue for the jury:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Defendants appeal from judgment for plaintiff for $25 damages for closing a ditch on their land through which plaintiff claims a prescriptive right of drainage. The parties own adjoining lands. Plaintiff acquired his title in 1896. Defendants acquired theirs in 1911, and closed the ditch in 1913.
The testimony on which plaintiff relies, to establish the right claimed, stated most strongly in his .favor, tends to show that for more than 20 years, there had been a ditch on defendants’ land, which began at or near the line between them,…
2Cases cited1 opinion
- Bailey v. GraySupreme Court of South Carolina · 1898
3Cited by13 opinions
- Steele v. WilliamsSupreme Court of South Carolina · 1944
- J. C. Vereen & Sons, Inc. v. HouserSupreme Court of Florida · 1936
- Babb v. HarrisonSupreme Court of South Carolina · 1951
- Bundy v. ShirleySupreme Court of South Carolina · 2015
- Hartley v. John Wesley United Methodist ChurchCourt of Appeals of South Carolina · 2003
8 more not listed; retrieve them via the Exa API.