Powell v. Amoss
Supreme Court of Georgia
Private ways. Notice. Onus. Before Judge Lump-kin. Hancock superior court. October term, 1889. Mrs. Amoss filed her petition to the July term, 1889, of the court of ordinary of Hancock county, praying that Powell be required to remove obstructions placed by him in a private way over his land, used and owned by her.
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Private ways. Notice. Onus. Before Judge Lump-kin. Hancock superior court. October term, 1889. Mrs. Amoss filed her petition to the July term, 1889, of the court of ordinary of Hancock county, praying that Powell be required to remove obstructions placed by him in a private way over his land, used and owned by her. Hpon the trial, the son of petitioner testified that he had known the way since 1869, when his mother purchased a tract of land from defendant, on which he and his mother had since resided. This had been used by defendant and his mother ever since, until it was obstructed about the…
1Opinion of the Court
Bleckley, Chief Justice.
We see in the record no trace whatever of title by purchase, to the private way in dispute, and no very distinct indication of title by prescription. If the case rested on these elements alone, we should be disposed to think that the ordinary’s decision was correct, and that the superior court erred in overruling that decision. But the code, §732, declares that, “When a road has been used as a private way for as much as one year, an owner of land over which it passes cannot close it up without first giving the common users of the way thirty days’ notice in writing,…
2Cited by7 opinions
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- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Johnson v. WilliamsSupreme Court of Georgia · 1912
- Barnes v. HolcombCourt of Appeals of Georgia · 1926
- Ford v. WatersCourt of Appeals of Georgia · 1921
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