Legal Opinion

Tomberlin v. Barber

Court of Appeals of Georgia

Decided November 19, 1919No. 10678Published

Certiorari; from Irwin superior court—Judge Eve. April 7, 1919.

1Opinion of the CourtSmith, J.

1. Where one complains of the obstruction of an alleged prescriptive private way across the lands of another, he must show an uninterrupted use of the way for more than seven years, that it was not more than fifteen feet wide, that it is the same fifteen feet originally laid out, and that he has kept it open and in repair. Nashville, Chattanooga & St. Louis Ry. v. Coats, 133 Ga. 820 (66 S. E. 1085); Hays v. Hays, 23 Ga. App. 689 (99 S. E. 230).

2. As disclosed by the ordinary’s answer to the writ of certiorari, the evidence was conflicting as to all the essential things enumerated above; and…

2Cases cited6 opinions

  1. Nashville, Chattanooga & St. Louis Ry. v. CoatsSupreme Court of Georgia · 1910
  2. Fair v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1907
  3. Cochran v. MinterCourt of Appeals of Georgia · 1912
  4. Freeman v. Maxwell Furniture Co.Court of Appeals of Georgia · 1912
  5. Hays v. HaysCourt of Appeals of Georgia · 1919

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