Legal Opinion

Kelsoe v. Town of Oglethorpe

Supreme Court of Georgia

Decided August 12, 1904PublishedCited by 34 opinions

Petition for injunction. Before Judge Littlejohn. Macon superior court. June 6, 1904. cited Ga. R. 27/502; 44/529; 45/342, 352 ; • 73/449 ; 30 Lai Ann. 64. cited Acts 1851 — 2, p. 398; §§ 1,15 ; Ga. R. 116/313 ; 120/516; Tied. Mun. Corp. § 312.

1Opinion of the CourtEvans, J.

Mrs. M. M. Kelsoe instituted an equitable proceeding against the Town of Oglethorpe, to enjoin the defendant from opening and improving certain streets over land to which she claimed the absolute title. The defendant denied that the plaintiff had title to the land over which the municipal authorities had undertaken to lay out these streets; and alleged, that in 1849 Judge E. G. Cabaniss, who was then the owner of the land claimed by the plaintiff, as well as of the land now occupied by the town of Oglethorpe, made a plan and map dividing his land into squares, streets, and alleys, that lots…

2Cases cited4 opinions

  1. Corning v. GouldNew York Supreme Court · 1837
  2. Norrell v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1902
  3. Yeakle v. NaceSupreme Court of Pennsylvania · 1837
  4. Village of Winnetka v. ProutyIllinois Supreme Court · 1883

3Cited by34 opinions

  1. Healey v. City of AtlantaSupreme Court of Georgia · 1906
  2. Barham v. GrantSupreme Court of Georgia · 1938
  3. City of Albany v. LippittSupreme Court of Georgia · 1941
  4. Johnson v. StateCourt of Appeals of Georgia · 1907
  5. Hyde v. ChappellSupreme Court of Georgia · 1942

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