Watts v. Blalock

Citations

• 17 S.C. 157
• 1882 S.C. LEXIS 61

Syllabus

<p>1. Plaintiff, by permission of a railroad company, erected a guano house-near a depot, and on the right of way of the company, on lands of his wife then under mortgage. Under decree of foreclosure of this mortgage, plaintiff and his wife being parties thereto, defendant became the-purchaser of the land, and afterwards took forcible possession of the guano house. Plaintiff brought action for damages and recovered a verdict. Held, that the judge committed no error in this case in charging the jury that defendant must show a grant from the State, or a. chain of titles for twenty consecutive years.</p> <p>2. Plaintiff is not estopped by reason of the action for foreclosure, to which he was a party, from now asserting his claim under the railroad company (which was not a party) to the guano house built on their right of way.</p> <p>3. It is no error to refuse a charge which assumes the existence of facts at issue. <</p> <p>4. If defendant owned the fee in the land, and plaintiff had used the guano-'house only for the storage of guano shipped to him, still it did not give to defendant the right to gain possession by committing a trespass.</p>