Guess v. South Bound Railway Co.

Citations

• 40 S.C. 450
• 19 S.E. 68
• 1894 S.C. LEXIS 165

Syllabus

<p>1. Findings of Fact by the Circuit Judge from written testimony, sufficient to sustain his findings, approved.</p> <p>2. Pleadings — Delivery of Deed. — The complaint alleged that plaintiff signed his name to a deed by fraudulent procurement, and that the deed was then delivered, only to take effect on certain conditions, which not being performed, plaintiff thereafter demanded the deed and it was returned to him. Held, 'that plaintiff could not by testimony question the delivery of this deed; and, besides, having- himself testified that it was executed by him in the presence of two witnesses and delivered to the agent of defendant, the proof of delivery was sufficient.</p> <p>3. Powers of Agent. — An agent of a railroad company authorized to obtain releases of rights of way, has no authority to surrender or cancel a deed • to his principal, obtained by such agent, releasing a right of way.</p> <p>4. Release of Right of Way. — A deed conveying a right of way to a railroad will not be set aside because that it was executed to prevent a more objectionable location, there being no fraud or misrepresentation by the releasee.</p>