Legal Opinion

Moxley v. Adams

Supreme Court of Georgia

Decided April 11, 1940No. 13175PublishedCited by 14 opinions

1Opinion of the Court

(jHNKrNS, Justice.

1. The right to take from land a part of its soil or timber, often designated as an easement but also referred to as constituting a larger interest, may arise from an express grant for a valuable consideration; and when so created, it is not revocable at the will of ,. the grantor. Harrell v. Williams, 159 Ga. 230 (1, a) (125 S. E. 452) ; 19 C. J. 870, 905, §§ 10, 11, 89. See Code, § 85-1404.

2. “An easement may be lost by abandonment, or forfeited by nonuser, if the abandonment or nonuser shall continue for a term sufficient to raise the presumption of release or…

2Cases cited10 opinions

  1. Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
  2. Byrd v. PihaSupreme Court of Georgia · 1927
  3. Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
  4. Keiley v. Citizens Savings Bank & Trust Co.Supreme Court of Georgia · 1931
  5. Harrell v. WilliamsSupreme Court of Georgia · 1924

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Worthey v. HolmesSupreme Court of Georgia · 1982
  2. Holmes v. WortheyCourt of Appeals of Georgia · 1981
  3. Kollen v. High Point Forest, Inc.Court of Appeals of Georgia · 1961
  4. Knight v. HeddenCourt of Appeals of Georgia · 1965
  5. Brooke v. DellingerSupreme Court of Georgia · 1941

9 more not listed; retrieve them via the Exa API.

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