Railroad Co. v. Leech

Citations

• 33 S.C. 175
• 11 S.E. 631
• 1890 S.C. LEXIS 102

Syllabus

<p>1. AVbere a landowner, being desirous of promoting the building of a railroad through her land, and in further consideration of one dollar, grants to such railroad company a right of way over her land, the grant is based upon a valuable consideration, to wit, the benefits which she expects to accrue to her land by reason of the construction of a railroad through it.</p> <p>2. Such supposed benefits cannot be considered where land is condemned by legal process for a right of way, but is sufficient consideration to support a grant.</p> <p>3. The release by a mother of a right of way to a railroad over land held in common by her and her minor children, could not convey the rights of the minors, and, in this case, did not purport to do so.</p> <p>4. Where a thing is granted, the grant implies a right to all the means of enjoying it so far as the grantor was possessed of these means. Therefore the grant of a right of way over land of which the grantor was a tenant in common, entitles the grantee to enforce partition, to the end that the share of the grantor may be designated in severalty.</p> <p>-5. And proceedings under a petition by the other co-tenants for compensation for the right of way over the common property will be suspended until such partition can be had under action instituted for that purpose.</p>