Scarboro v. Edenfield

1. In a proceeding before the ordinary under the Code, § 83-119, for removal of an obstruction from a private way, a prescriptive right to use which the applicant claims to have acquired under § 85-1401, it is necessary, in order to sustain such application, to show not only that he has been in uninterrupted use thereof for seven years or more, that it does not exceed fifteen feet in width, and that it is the same number of feet originally appropriated, but that he has kept it open and in repair during such period. Collier v. Farr, 81 Ga. 749 (7 S. E. 860); Nashville Chattanooga & St. Louis…