Burnum v. Thomas

This was a proceeding to remove an obstruction from a private way, the right to which was alleged to have been acquired by prescription, based on constant and uninterrupted use thereof over improved lands for a period of more than seven years. When the case was here before it was held that the petition failed to set out a cause of action, in that it was not affirmatively alleged therein that the petitioner had kept the private way open and in repair for a period of seven years or longer, and the judgment of the lower court was reversed. Thomas v. Burnum, 69 Ga. App. 37 (24 S. E. 2d, 812). The…