THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(D)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Richard W. Lee, Appellant,

v.

Lou Davis and George M. Creel, Respondents.

Appeal From Darlington County
 Martin S. Driggers, Special Referee

Unpublished Opinion No. 2005-UP-576
Submitted October 1, 2005 – Filed November 7, 2005   

AFFIRMED

Daniel B. Causey, III, of Darlington, for Appellant.

Robert E. Lee, of Florence, for Respondents.

PER CURIAM: Richard W. Lee appeals the Special Referee’s decision that neither of the parties established legal title to the property in dispute.  We affirm. [1]

FACTS

In 1913, Mary E. Edwards sold the Wagner Siding Tract (the Tract) to the South Carolina Western Railway (the Railroad) for use as a landing to park and load railway cars.  The 1913 deed includes a habendum clause, which states “[t]o have and to hold all and singular the said premises unto the said South Carolina Western Railway, its successors and Assigns forever; Upon condition, however, that the said premises shall be used for Railroad Purposes only.”  The first evidence the Tract was not used for railroad purposes appeared in a 1963 plat, which describes the Tract area as a “Road,” suggesting that sometime between 1916 and 1963 the Railroad discontinued its use of the Tract for “railroad purposes.” 

Richard W. Lee claims ownership through a co