Tutt v. Port Royal & Augusta Railway Co.

Citations

• 20 S.C. 110
• 1883 S.C. LEXIS 131

Syllabus

<p>1. In a case at law, this court has the right to affirm a judgment of non-suit ordered by the court below, although basing their conclusion upon a ground other than that taken by the Circuit judge.</p> <p>2. The points ruled in Tutt v. Port Boyal and Auqusta Bailway Company, 16 8. C 365, stated.</p> <p>3. The trustee, under a trust deed, which gave to one C., for life, the possession and use of a tract of land, cannot,, during O.’s life-time, recover from a railroad company a strip of land granted to it by C. for a road-bed until C.’s right of possession has been adjudged forfeited, which can only be done in a case to which he is a party.</p>