
    James E. Jerman v. William Mathews.
    Trespass to try titles will lie for the owner of the soil of a road, over which the defendant has a right of way; but the sheriff can only give possession subject to the easement or servitude. Fide Goodtitle v. Alker and Elmes, 1 Bur. 133.
    Where the proprietors of adjacent lands are each intitled to a right of way over a dam, which forms the dividing line between them, and each is seized of the freehold, in severalty, to the centre of the dam, if one of them assumes to appropriate the dam to himself, by the erection of a fence or gate across it, the other may maintain trespass to try titles against him.
   Per O’Neall, J.

confirming the instructions to the jury of Mr. Justice Huger, at Charleston-, May Term, 1830.

Johnson, J. and Harper, J. concurred.  