Nugent v. Watkins
Supreme Court of Georgia
Certiorari. Before Judge Hammond. Richmond superior court. June 10, 1905. Mrs. Nugent filed her petition in the court of ordinary of Richmond county, alleging that Sarah E. Watkins, of said county, had obstructed a private way running on, over, and between certain improved lands of said Sarah E. Watkins and certain other improved lands formerly belonging to Wilson Watkins and now the property in part of petitioner and in part of Salem Dutcher; that continuously for more than…
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Certiorari. Before Judge Hammond. Richmond superior court. June 10, 1905. Mrs. Nugent filed her petition in the court of ordinary of Richmond county, alleging that Sarah E. Watkins, of said county, had obstructed a private way running on, over, and between certain improved lands of said Sarah E. Watkins and certain other improved lands formerly belonging to Wilson Watkins and now the property in part of petitioner and in part of Salem Dutcher; that continuously for more than seven years prior to the obstruction referred to, the lands on, over, and between which the way ran were, and' now are,…
1Opinion of the CourtCandler, J.
(After making the foregoing statement.) In the able brief of counsel for the defendant in error a distinction is drawn between private rights of way by prescription at common law and under the Georgia statute. It is insisted that at common law a private right of way could be acquired by prescription only by reason of adverse possession accompanied by a claim of right, while under the act of 1872, as codified in the Political Code, §§678 et seq., prescription may ripen through the permissive use of the way for the required seven years; and it is contended that on this account the statutory…
2Cases cited3 opinions
- Lee v. TuckerSupreme Court of Georgia · 1908
- Hart v. StateSupreme Court of Georgia · 1893
- Duggan v. CoxSupreme Court of Georgia · 1887
3Cited by6 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- McElwaney v. MacDiarmidSupreme Court of Georgia · 1908
- Bowen v. LewisSupreme Court of Georgia · 1946
- Missouri-Kansas-Texas Ry. Co. v. CunninghamCourt of Appeals of Texas · 1925
- Barnes v. HolcombCourt of Appeals of Georgia · 1926
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