SOUTHERN RAILWAY CO. v. SMOAK

18143

243 S.C. 331 (1963)

133 S.E.2d 806

SOUTHERN RAILWAY COMPANY, Appellant, v. Leo SMOAK, Mrs. Lillie Smoak and W.H. Cato, Respondents.

Supreme Court of South Carolina.

December 17, 1963.


Attorney(s) appearing for the Case

Messrs. F. Dean Rainey, of Greenville, and Henderson, Salley & Cushman, of Aiken, for Appellant.

Messrs. Toole & Toole and Henry Busbee, of Aiken, for Respondents.

Messrs. F. Dean Rainey, of Greenville, and Henderson, Salley & Cushman, of Aiken, for Appellant, in Reply.


December 17, 1963.

LEWIS, Justice.

This appeal involves a determination of the validity of the claim of the plaintiff Southern Railway Company to fee simple title to a strip of land forty feet wide and more than two miles in length, situate at or near Langley, in Aiken County, South Carolina, which had been used by the plaintiff for the operation of an industrial spur track from approximately 1901 to 1954. In 1954, the plaintiff discontinued the operation...

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