McElwaney v. MacDiarmid
Supreme Court of Georgia
Equitable petition. Before Judge Reagan. Eayette superior court. April 29, 1907.
1Opinion of the CourtHolden, J.
1. Where in a deed by the owner of a tract of 330 acres of land, conveying 6 acres thereof, the granting clause contains the following language, “with the exception of a road 12 feet wide on the north line of the 6 acres aforesaid to remain open,” Eeld:(a) The fee to the whole of the 6 acres, including the part thereof on which the road is to remain open, passes to the- grantee.
(J) An easement by virtue of which the road is to remain open is created and is appurtenant to the remaining part of such tract of 330 acres. Stovall v. Coggins Granite Co., 116 Ga. 376 (42 S. E. 723); Taylor v. *98Dyches,…
2Cases cited7 opinions
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Smith v. StateSupreme Court of Georgia · 1906
- Murphey v. HarkerSupreme Court of Georgia · 1902
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
- Spence v. MorrowSupreme Court of Georgia · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Wall v. StateSupreme Court of Georgia · 1922
- Smithwick v. StateSupreme Court of Georgia · 1945
- Reidling v. HolcombCourt of Appeals of Georgia · 1997
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
- Bonita Theatre v. BridgesCourt of Appeals of Georgia · 1924
19 more not listed; retrieve them via the Exa API.