Chamberlain v. Northeastern R. R.

Citations

• 41 S.C. 399
• 19 S.E. 743
• 1894 S.C. LEXIS 125

Syllabus

<p>I. Corporations — Conveyances.—A railroad company having agreed to purchase from one T. a tract of land for $10,000, found the title to be in dispute, and then instituted a proceeding for the condemnation of this land for its purposes. Commissioners were appointed, and return made, assessing the land at $10,000, which was its full value. The company then filed its bill in the Court of Equity, alleging that as the title was in dispute, it could not • determine to whom the money should be paid, and asking leave to pay the money into court, and let the parties defendant interplead and have their rights determined. All the defendants agreed to this, the money was paid into court, and finally paid over to T. under the decree of the court. Afterwards this railroad company, reciting that it had no further use for this land for its corporate purposes, conveyed to another, and plaintiff, claiming under this title, brought action for recovery against one alleged to have taken wrongful possession of a portion of it. The trial judge granted a non-suit on the ground that a railroad company could not convey in fee for other purposes lands acquired by it for its corporate purposes, and that its deed thereto was void. Held, that this ruling was error, and the order for non-suit was vacated.</p> <p>2. Appeal — Petition eor Rehearing refused, this court stating that it had considered only the ground upon which the non-suit had been granted by the Circuit Judge, and not other grounds urged in support of the non-suit, but not passed upon in the court below.</p>