Morrison v. Latimer
Supreme Court of Georgia
Injunction. Land. Before Judge Hopkins. Fulton county. At Chambers. December 11th, 1873. Matilda C. Morrison filed her bill against Charles Latimer, making, in substance, the following case : Complainant owns and lives on a lot in the city of Atlanta, on the west side of Washington street, fronting on same fifty-two and a half feet, and running back westward two hundred and fifty-five feet. The defendant owns a lot which bounds complainant’s lot all along its north side.
Read the full summary
Injunction. Land. Before Judge Hopkins. Fulton county. At Chambers. December 11th, 1873. Matilda C. Morrison filed her bill against Charles Latimer, making, in substance, the following case : Complainant owns and lives on a lot in the city of Atlanta, on the west side of Washington street, fronting on same fifty-two and a half feet, and running back westward two hundred and fifty-five feet. The defendant owns a lot which bounds complainant’s lot all along its north side. The surface of complainant’s lot is more elevated than that of defendant’s, except on the line where the two meet. In the…
1Opinion of the Court
Trippe, Judge.
We do not deny the principle that the owner of land has-not the right to excavate his soil to the line of an adjacent proprietor, so as to cause his neighbor’s land to fall away, and thereby deprive him of the use of his land. It has been rec*522ognized by a long line of authorities and by distinguished judges ever since it was first announced by Rolle, in his statement of the case of Wilde vs. Minsterly, in the time of Charles I: 2 Rolle Abr., 564, Title, Trespass; See Humphries vs. Brogden, 1 Law and Equity Reports, 241; 3 B. & A., 871; 4 Paige, 169; 2 Coms., 159; 21 Barb., 409; 2…
2Cases cited3 opinions
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Farrand v. MarshallNew York Supreme Court · 1855
3Cited by3 opinions
- Goodman v. HendersonSupreme Court of Georgia · 1877
- Paul v. BaileyCourt of Appeals of Georgia · 1964
- Fletcher v. PfeiferSupreme Court of Arkansas · 1912