Brown v. Marshall
Supreme Court of Georgia
Roads and bridges. Ordinaries. Jurisdiction. Before Judge Hood. Terrell Superior Court. May Term, 1879. Brown et al. sought to have obstructions removed from an alleged private way by petition to the ordinary. The order was granted, and defendants carried the case to the superior court by certiorari. The court sustained the certiorari, and plaintiffs excepted. For the other facts see the opinion.
1Opinion of the Court
Jackson, Justice.
1. The act of 1872, codified in sections 737, 738, 739, and 740 of the Code, giving the ordinary jurisdiction to try summarily obstructions to private ways, is confined to the cases of private ways which arise by prescriptive right acquired by seven years’ or longer possession or user of the way. Therefore the only question in this case is, did the complainant have such right by prescription, that is, by a seven years’ user of the way ? The evidence shows that he used it as a mere path for some two or more years, and then it was widened into a road; but the road was used only…
2Cases cited1 opinion
- Salter v. TaylorSupreme Court of Georgia · 1875
3Cited by3 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Johnson v. WilliamsSupreme Court of Georgia · 1912
- Holloway v. BirdsongSupreme Court of Georgia · 1913