Jones v. Williams
Supreme Court of Georgia
County Matters. Roads and Bridges. Easements. Prescription. Before Judge Branham. Polk Superior Court. August Term, 1882. To the report contained in the decision, it is only necessary to add, in connection with the third division thereof, that part of the public road, the use of which had been discontinued, was within the town of Rockmart, and part without, and it appeared from the evidence that a new street had been opened by the corporate authorities, and thereupon the old…
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County Matters. Roads and Bridges. Easements. Prescription. Before Judge Branham. Polk Superior Court. August Term, 1882. To the report contained in the decision, it is only necessary to add, in connection with the third division thereof, that part of the public road, the use of which had been discontinued, was within the town of Rockmart, and part without, and it appeared from the evidence that a new street had been opened by the corporate authorities, and thereupon the old road had ceased to be worked or used, and a fence had been put across it.
1Opinion of the Court
Hall, Justice.
This bill sought an injunction and decree against the road commissioners to restrain them from removing obstructions from a public highway. .It appears, from the facts in the record, that the road ran over lands to which the complainant held a title in fee., and had been used as a public road for forty years before any attempt had been made to close it up; that this use had ceased for some six or seven years; that there had been a fence across it about that length of time; that it was not obstructed by the *706complainant, but, perhaps, by his tenants; that complainant had not…
2Cited by5 opinions
- Barham v. GrantSupreme Court of Georgia · 1938
- Northington v. CandlerSupreme Court of Georgia · 1955
- Shellnut v. Carroll CountyCourt of Appeals of Georgia · 1923
- Hamilton v. CooperSupreme Court of Georgia · 1920
- Wellmaker v. Lamar County Advisory BoardCourt of Appeals of Georgia · 1931