Boyd v. Hand
Supreme Court of Georgia
Prescription. Private way. Easement. Estate. Before Judge LESTER. Lumpkin Superior Court. September Term, 1879. To the report contained in the decision it is only necessary to add the following: In the rear of Boyd’s residence lot was an open tract of land, and across this he was accustomed to go as the nearest way to the road leading to a grist mill and to his farm. After passing over this land a number of years—at least seven, he testifies—he bought a sixth interest in it.
Read the full summary
Prescription. Private way. Easement. Estate. Before Judge LESTER. Lumpkin Superior Court. September Term, 1879. To the report contained in the decision it is only necessary to add the following: In the rear of Boyd’s residence lot was an open tract of land, and across this he was accustomed to go as the nearest way to the road leading to a grist mill and to his farm. After passing over this land a number of years—at least seven, he testifies—he bought a sixth interest in it. This he held until 1874, when, together with the other joint tenants, he conveyed the land to Price, under whom…
1Opinion of the Court
JACKSON, Chief Justice.
The plaintiff in error sued the defendants for obstructing his private way. The proceeding was before the ordinary under our Code, sections 737 and 738, who directed that the obstructions be removed. Thereupon the defendants took the case by certiorari to the superior court, where the judgment of the ordinary was reversed, and the plaintiff brought the judgment of that court here for review.
That the way claimed by the plaintiff was obstructed there is no doubt, and the single question is, did the plaintiff, under the facts set out in the answer to the .certiorari, have…
2Cited by4 opinions
- Moore v. TrounstineSupreme Court of Georgia · 1906
- Kilburn v. Mechanics Loan & Savings Co.Supreme Court of Georgia · 1932
- H. P. Silverman v. BettiMassachusetts Supreme Judicial Court · 1915
- Tew v. HinkleCourt of Appeals of Georgia · 2005