Payne v. Williams

Decided December 15, 1843

Court of Appeals of South Carolina · decided 1843-12-15

Before Wardlaw, J. at Newberry, Spring Term, 1843. This was an action on the case for obstructing a way. There was some testimony as to the nature of the way, its frequent changes, and as to other ways more convenient to the plaintiff: but to understand the ground of the non-suit, which was ordered, all this is now unnecessary.

Decided 1843-12-15

¶1Caña, per

Ward law, J.

¶2This Court concurs in the views taken on the Circuit.

¶3It is plain that David Bozeman’s possession established no right of way against himself. Even deeds of partition *17between the sons would not have subjected the share of one to an easement in favour of the others, without some expression, or necessary implication from expressions used ; much less will an irregular partition shewn by a mere bond for titles containing nothing peculiar, do so. The time since the partition, has been too short to confirm any possession or verbal acknowledgments that have occurred in this time. The motion is dismissed.

Richardson, O’Neall, Evans and Butler, J J. concurred.