Ford v. Harris
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. March term, 1894. The petition prayed for a decree declaring Grove avenue, as indicated on a certain plat, a street for the bene- fit of parties on Orchard' avenue, etc., and that the obstructions placed by defendants across Grove avenue be removed. The court granted a nonsuit, and plaintiffs exempted.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. March term, 1894. The petition prayed for a decree declaring Grove avenue, as indicated on a certain plat, a street for the bene- fit of parties on Orchard' avenue, etc., and that the obstructions placed by defendants across Grove avenue be removed. The court granted a nonsuit, and plaintiffs exempted. The evidence made the following case: January 24, 1882, a public sale was made of a number of lots constituting a portion of the Harris property (owned by defendants). The following plat was introduced in evidence: GRESHAM’S…
1Opinion of the Court
Lumpkin, Justice.
The material facts are stated by the reporter.
1. Upon the principle ruled in Bayard v. Hargrove et al., 45 Ga. 342, which was approved in Harrison, ex’r, v. Augusta Factory, 73 Ga. 447, we have no hesitation in concluding, that, by virtue of the sale made by A. L. Harris, trustee, and Julia E. Harris, in January, 1882, a right of way over the strip of land designated in the plat as “Grove avenue” passed to every purchaser at that sale, and that the sellers of the lots were thereby estopped either from closing up the strip, or maintaining an obstruction in it existing in it at…
2Cases cited4 opinions
- Bayard v. HargroveSupreme Court of Georgia · 1872
- Fulton County v. AmorousSupreme Court of Georgia · 1892
- Harrison v. Augusta FactorySupreme Court of Georgia · 1884
- Jones v. NapierSupreme Court of Georgia · 1894
3Cited by40 opinions
- Evans v. NewtonSupreme Court of the United States · 1966
- Tietjen v. MeldrimSupreme Court of Georgia · 1930
- East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
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