53 S.C. 503 | S.C. | 1898
The opinion of the Court was delivered by
The question presented by this appeal being whether his Honor, Judge Aldrich, erred in sustaining a demurrer upon the ground that the allegations in the complaint were not sufficient to constitute a cause of action, it will be necessary for the Reporter to incorporate in his report of the case, a cop}' of the complaint as set out in the “Case.” The object of the action was to obtain an injunction restraining the defendant from obstructing and excavating a certain alley in the town of Laurens, and from erecting buildings or material thereon or any part thereof. It appears from the allegations of the complaint, which, for the purposes of this discussion, must be assumed to be true, that on the 7th of October, 1863, J. W. Simpson conveyed to Fisher & Agnew a lot of land in said town, upon which three storerooms stood, containing one-fourth of an acre, more or less, the boundaries of which are specifically set forth in the second paragraph of the complaint, the western boundaries being a lot of N. Pyles and a vacant lot of J. Wistar and W. D. Simpson, “and being originally a part of the lot now being conveyed, all of which lot was deeded from H. C. Young to Adams, and from Adams to John W. Simpson, with the understanding, however, that the right of way to said vacant lot now owned by J. Wistar and W. D. Simpson, is to be forever secured to its south side, either through the alley now opened in the rear of the block of storerooms as they now stand, or southernly to the street running east to the railroad depot lot, at least eight
We agree, therefore, with the Circuit Judge, that the facts stated in the complaint are not sufficient to constitute a cause af action in the plaintiffs, and hence there was no error in sustaining the demurrer.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.