Houston v. Deal

Birdsong, Presiding Judge.

Appellant W. L. Houston sued Tilman Deal for trespass and wilful tortious damage to Houston’s property. Deal countersued, claiming the subject property was a road which belonged to him by operation of law because it bounded his property. The trial court granted summary judgment to Deal, by authority of Johnson & Co. v. Arnold, 91 Ga. 659 (18 SE 370). Held:

We reverse the summary judgment. This case is not controlled by Johnson & Co. v. Arnold, but by Rolleston v. Sea Island Properties, 254 Ga. 183, 187 (327 SE2d 489).

All this land originally belonged to W. L. Houston.…