State ex rel. Hamer v. Stackhouse

Citations

• 14 S.C. 417
• 1881 S.C. LEXIS 7

Syllabus

<p>1. The act of February 15th, 1872, (15 Stat. 42), which empowers a landowner to secure a right of way over the lands of another, violates none of the provisions of the constitution of this state.</p> <p>2. This act, in authorizing a road or highway to the nearest highway, was intended to secure to parties a way of ingress and egress, by whatever name called, to the nearest highway, and does not coniine the referees to a location upon the nearest line to the highway.</p> <p>3. This act is of force throughout the state, as well within the limits of incorporated cities and towns as elsewhere, except where acts of incorporation, by express words or by necessary implication, exclude it. There is no such exclusion in the charter of Little Rock, Marion county.</p> <p>4. Where one opens a road over his own land, from the back part to the highway, and afterwards, by deeds without reservation of a right of way, conveys the intervening lots to others, who close up this road, he is not estopped from demanding that a road be opened to him over those lots nnder the act of 1872.</p> <p>5. Prohibition is the proper remedy for keeping referees appointed under this act within'the limits of their jurisdiction.</p> <p>6. But prohibition is preventive only, and, therefore, after the road has been opened and this quasi court dissolved, redress cannot he obtained under this remedy.</p>