Glover v. Remley

• Court: United States State Supreme Court of South Carolina
• Citation: 62 S.C. 52,39 S.E. 780
• Decision Date: 07 October 1901
• Parties: GLOVER. v. REMLEY et al.

39 S.E. 780
62 S.C. 52

GLOVER.
v.
REMLEY et al.

Supreme Court of South Carolina.

Oct. 7, 1901.

EMINENT DOMAIN—COMPENSATION—proCEDURE.

The remedy provided by Rev. St. §§ 1743-1755, for obtaining compensation for rights of way, is exclusive, except where right to compensation is disputed, and the owner has nei-

[39 S.E. 781]

ther consented to nor permitted the entry by the corporation for construction.

Appeal from common pleas circuit court of Colleton county; Watts, Judge.

Action by Eleanor L. Glover against Annie W. Remley and others and the Charleston & Savannah Railway Company. From an order sustaining a demurrer to the complaint, plaintiff and all the defendants except the railway company appeal. Affirmed.

Young & Young and Howell & Gruber, for appellant.

Glover. Izlar Bros., for appellants Remley and others. Mordecai & Gadsden, for respondent.

JONES, J. This is an appeal from an order sustaining a demurrer to the complaint for failure to state facts sufficient to constitute a cause of action. The complaint is as follows: "(1) That the Charleston & Savannah Railroad Company is a corporation under the laws of the state of South Carolina. (2) That by his will the late Joseph Glover devised the lands hereinafter described to his son, Francis Y. Glover, for life, and after his death to his, the said Francis Y. Glover's, children who attained twenty-one years, the issue of a predeceased child to represent the parent. That the said Francis Y. Glover died on the 5th day of October, 1896, leaving one child, Eleanor L. Glover, and five grandchildren, the children of his deceased son, Francis Y. Glover, Jr. Both said children attained the age of twenty-one years. That the interest which was of Francis Y. Glover is now vested in the defendants other than the Charleston & Savannah Railroad Company. (3) That the piece of land above mentioned, and alone involved in this litigation, is a strip of land 150 feet wide, beginning at the west bank of the Edisto river, and extending therefrom to the boundary line of the tract of land now or late of the Rev. W. O. Prentiss, 6, 282 feet, and containing 21.52 acres, now in the possession of the defendant the Charleston & Savannah Railway Company, erroneously styled in the caption of the case the Charleston & Savannah Railroad Company, as a right of way. That the said Charleston & Savannah Railway Company claims and maintains exclusive possession of the said right of way. (4) That the plaintiff and the defendants except...