Legal Opinion · Dissent

Campbell v. City of Columbus

Supreme Court of Georgia

Decided April 8, 1968No. 24537Published

1DissentDuckworth, Chief Justice

There are several reasons why I can not concur in the majority opinion.

It should be remembered that the deed to the county conveying this right of way conveyed the fee and not just an easement since the reverter clause is a nullity. State Hwy. Dept. v. Williams Lbr. Co., 222 Ga. 23 (148 SE2d 426). This means that even if the city abandoned it as a street it did not thereupon become the property of the abutting owners, nor did it deprive the city of its right to prevent any trespass thereon. The mere fact that the deed was to the county and thereafter the city incorporated it, does not deprive…

2Cases cited2 opinions

  1. State Highway Department v. C. F. Williams Lumber Co.Supreme Court of Georgia · 1966
  2. Davis v. City of ValdostaSupreme Court of Georgia · 1967

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