Verdier v. Port Royal Railroad

Citations

• 15 S.C. 476
• 1881 S.C. LEXIS 97

Syllabus

<p>1 A railroad company constructed its road-bed over lands acquired by the United States, under the provisions of the direct tax act of 1863, (12 U. S. Stat. 422,) without objection by the government, or claim to a right of notice or demand for the appointment of commissioners to assess compensation ; after five years’ use by the railroad company the United States sold this land by metes and bounds, without reservation of the road-bed, to V., who had knowledge of its possession and use by the railroad company. V. afterwards brought action for the recovery of the strip of this land used by tbe railroad company, and for damages, and proved his-title-deed from the United States. Held, that V. was properly non-suited.</p> <p>2. A party who has never been in the possession of land, for the recovery of which he brings his action, can recover only upon the strength of his-own title.</p> <p>3. This land, while owned by the United States, yras public land, within the-meaning of the act of 1866, (U. S. Sev. Slat., $ 2477,) which provides that “ the right of way for the construction of highways over public lands, not-reserved for public uses, is hereby granted.”</p> <p>4. Quere: Did not the United States recognize this statute as operating as a grant, and in the sale of this land did they intend to convey a right to-disturb the railroad company in the use of their road-bed ?</p> <p>5. Quere: If the United States were a private owner, and this railroad was-constructed without objection, would a subsequent purchaser with notice, have the right to demand compensation from the company for their use of the road-bed ? 1</p> <p>6. Under Chapter LXIII., Section 83 of General Statutes, permission to a railroad corporation to enter upon the construction of their highway without previous compensation, may be given by the owner without receiving the notice prescribed in Section 75 ; and under the circumstances of this case, such permission will be presumed, and the United States and thei