Charleston v. Leech

Citations

• 35 S.C. 146
• 14 S.E. 730
• 1892 S.C. LEXIS 172

Syllabus

<p>1. Partition — Right of Way — Commissioners.—A railroad company holding the grant of a right of way from one tenant in common, the other tenants in common filed a petition for compensation. Thereupon the railroad company instituted action to require its grantor and the other tenants to make partition, and it was so decreed. Held, that the partition so ordered was properly committed to five commissioners under the practice prescribed by statute.</p> <p>2. Ijbid. — Ibid.—Ibid.—The partition was ordered between the defendants at the instance of the railroad company, but the company was really not a party to the partition, and therefore the judge properly treated the grantor of the right of .way as plaintiff in the partition in the sense of the statute, and gave to her, and not to the company, the right to name the commissioners on the-part of the “plaintiff,” guarding in his order, in every wav practicable, the rights of the company against its grantor and her co-tenants.</p>