M'Mahon v. Taylor

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action of trespass, to try title to a small portion of land in the village of Pinckneyville. McMahon, the plaintiff had purchased a tract of land, of 300 acres, which formerly belonged to James Bankhead, to whom it was originally granted, on which the village of Pinckneyville was situated.

Decided 1818-05-15

¶1The opinion of the pourt was delivered by

Mr. Justice Bay.

¶2I was of opinion 'at the trial that the verdict was correct, and that McMahon had no right or title to any part of this space or street, and am still of that opinion; and however Taylor may be liable to be indicted for a nuisance, for stopping up a space left for a street, that gave no right or title to M’-Mahon.

¶3I am therefore of opinion that the motion for a new trial should be refused, and my brethren concur with me in this opinion.

JVoif, Colcock, Cheves, and Gantt, J. concurred.Johnson, J. having been concerned, gave nep. opinion.