The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-08-11
DECISION Of THE
SUPREME COURT
RECEIVED
1T MEANS A COMPLETE VICTORY
FOR THE ST. SIMON TRANSIT
COMPANY IN THE FAMOUS
WHARF CASE,

Inc decision handed down by the
supreme court of Georgia Monday
in the case of the st. Simon Transit
company VS.. Mrs. Bena Wallace, in
which is involved the new whafs at
st. Simon, was received in the city
yesterday.
AS intimated in these columns yes
terday morning, it was a complete
victory fer the ST. Simon Transit
company and means that the new
wharf at the island cannot be used
by the steamer of the Peoples Line
The decision is a lengthy one, COW
ering fifteen or twenty type written
pages. 1t was written by Justice S.
G. Atkinson, formerly of this city.
and all members concurred in the
decision.
The main question involved in the
case seemed to be as to the owner
ship of the beach, or rather to the
low water mark. Mrs. Wallace and
those interested contended that the
beach abutting the property of Mrs
Wallace was her property and could
be used for any purpose desired On
the other hand the st. Simon Transit
company claimed that she did not
own to the low water mark, but that
this property was owned by the King
estate. The supreme court holds
that the contention of the ST. Simon
Transit company is upheld by law.
Mrs. Wallace is given ten days,
under law, in which to ask for a re-
hearing by the supreme court, and it
is expected that the petition will be
filed at once.
The last two pages cf the decis-
ion, covering the most important part
of the case, is as follows:
''As we construe the original deeds
to include the land to low-water
mark and the defendants deed to in
clude the land only to high-water
mark, the land between the two re-
mained in Page or those succeeding
to his rights. In a word, the plain
tiff and the defendants both claim
under the same title. The plaintiffs
represent the holders of this title to
the entire plantation down to low
water mark, except so much of it as
has been sold off, while Mrs. Wallace
holds fraction of the plantation
sold to her and by the terms of her
deed extending only to high-water
mark unconveyed. '. neither in a con
troversy between the State and an
individual there is any presumption
against the State from possession
and lapse of time or not. Or what
would be the case if the State assert
ed title to a particular piece Of land
and granted it, there is undoubtedly
ly q possession which may become
a prescriptiye title between a pre-
Scrioer and other persons. Under
the facts. as between the plaintiffs
and the defendants, is 1902 the plain
tltfs had title to low water mark
and the defendants had not. The act
of 1892 (ActS 1902 D 10S) did not af-
feet the case. 1t did not undertake
TO take the title to land fir, m one
person and confer it upon another
The deeds to Page recited grants
from the State to certain parties
named and that the conveyance to
him covered such land. AS already
stated. Mrs. Wallace holds under this
title. She simply took a deed t. a
part of tract of land The bound
aries of the whole extended to low
water mark. The boundary of her
deed was expressly high-water mark.
What was left between the two re-
mained in the owners of the entire
plantation or in these succeeding to
their rights. and the act of 1902 did
not undertake to take this title awav
from the latter and confer it upon her
The thing complained of and sought
to be enjoined, was the construction
and use of a wharf ever the beach
between high and low water marks ,
If it had been erected. it would have
constituted a continuing nuisance.
AS the evidence demanded find
ing in favor of the title of the plain +,
It's TO the whole of the beach. inciud- |
ing that part to which title was as
serted by Mrs. Wallace it was er-
rOheouS TO refuse to grant the In I
junction, as prayed relatively 10 the
beach.
I. Compliant was also made be-
cause the judge refused to grant the
injunction in SO far as it related 10,
the encroachmant upon MALLORY
street. 1t appeared from the evil
dence that the incroachment was
brought about by extending the hotel
building for a distance of . feet rver
the west line Of Mallory street Ths
structure was permanent in charac-
ter, and was completed before -h4
institution OF the suit. While it.