Legal Opinion
Rothberg v. Peachtree Investments, Inc.
Supreme Court of Georgia
Decided April 8, 1965No. 22874PublishedCited by 11 opinions
1Opinion of the Court
Quillian, Justice.
To sustain a suit to enjoin the obstruction of an alleged private way, “the right to which is based upon prescription by seven years user, it is essential that the applicant show not only that he has been in the uninterrupted use thereof for seven years or more, that it does not exceed fifteen [now 20] feet in width, and that it is the same fifteen feet originally appropriated, but that he has kept it open and in repair during such period.” Maddox v. Willis, 205 Ga. 596 (1) (54 SE2d 632), and cases therein cited. “If the prescriber fails to show any of these elements…
2Cases cited16 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Doyal v. RussellSupreme Court of Georgia · 1936
- First Christian Church v. Realty Investment Co.Supreme Court of Georgia · 1934
- Collier v. FarrSupreme Court of Georgia · 1888
- Miller v. SlaterSupreme Court of Georgia · 1936
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Eileen B. White & Associates, Inc. v. GunnellsSupreme Court of Georgia · 1993
- Hilliard v. StateCourt of Appeals of Georgia · 1973
- Thompson v. McDougalCourt of Appeals of Georgia · 2001
- Chota, Inc. v. WoodleySupreme Court of Georgia · 1983
- Rizer v. HarrisCourt of Appeals of Georgia · 1987
6 more not listed; retrieve them via the Exa API.