Sams v. Port Royal & Augusta Railway Co.

Citations

• 15 S.C. 484
• 1881 S.C. LEXIS 98

Syllabus

<p>1. A tract of land belonging to S. was acquired by the United States under-the provisions of the direct tax act of 1863, (12 U. S. Stat. 422,) but was afterwards restored to S. During its occupancy by the United States a railroad was constructed over this land, and, subsequently, an officer of' the government demanded of the railroad company compensation for the-right of way used by them, but did not obtain it. After the restoration to S., he commenced an action against the successors by purchase of this-railroad for the recovery of their road-bed and for damages. Held, that he was properly non-suited.</p> <p>2. S. received the land back in its then condition, encumb.ered with all acts-of the United States affecting it, done while in their possession.</p> <p>3. If the notice served upon the railroad company was by authority of the United States government, it was an admission of the right of the company to the use of their road, binding upon S.; and his only remedy is that provided by General Statutes, Chapter LXIII.</p>