Georgia, Railway Co. v. Scott

Citations

• 38 S.C. 34
• 16 S.E. 185
• 1892 S.C. LEXIS 219

Syllabus

<p>1. Right of Way — Owner of Land. — It would seem that the word “owner,” as used in the statute providing for the obtaining of a right of way for a railroad over the lands on its route, was intended to mean the person who represented the land.</p> <p>2. Ibid. — Ibid.—Executed Use. — A devise was to A, in trust for the use of W and his wife and the survivor, for life, not subject to their debts, and after their death to be equally divided between the children of W. The testator died after the Constitution of 1868 took effect. W took possession and executed to a railroad company a release of a right of way over this land, after which A and W’s wife and her children filed a petition to obtain compensation for the right of way so taken. Under action to enjoin this proceeding, held, that the statute executed the use in W and his wife for life, and that the release executed by W was valid for the joint lives of himself and wife.</p> <p>3. Tenants by Entireties.- — Where an estate is devised to husband and wife for their joint lives and the life of the survivor, do they take as joint tenants, or as tenants of the entirety ?</p> <p>4. Petition for Rehearing refused.</p>