Mitchell v. Mayor of Rome
Supreme Court of Georgia
Prescription. Land. Municipal corporation. Streets. Joint tenants. Charge of Court. Presumptions. Daniel R. Mitchell and Jesse Lamberth brought trespass against the Mayor and City Council of Rome for $2,000 00 damages, alleged to have been sustained by them from the cutting down and grading by the defendant of Etowah street, below the foundation of the wall of their house, in the city of Rome, known as the “Buena Vista Hotel,” causing the said wall to fall, and thereby…
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Prescription. Land. Municipal corporation. Streets. Joint tenants. Charge of Court. Presumptions. Daniel R. Mitchell and Jesse Lamberth brought trespass against the Mayor and City Council of Rome for $2,000 00 damages, alleged to have been sustained by them from the cutting down and grading by the defendant of Etowah street, below the foundation of the wall of their house, in the city of Rome, known as the “Buena Vista Hotel,” causing the said wall to fall, and thereby throwing down the ell of said building. The defendant pleaded the general issue. The evidence made substantially the…
1Opinion of the Court
Tripue, Judge.
1. The ancient doctrine of title by prescription which depended on immemorial usage, has given way to the modern rule of presuming a right by grant or license to easements and incorporeal hereditaments, after twenty years of uninterrupted adverse enjoyment. To authorize the presumption, the enjoyment must not only be uninterrupted for the space *26of twenty years, but it must be adverse and under a claim or assertion of right, and not by the consent or favor of another claimant or true owner: 2 Pick., 466; 11 East, 372; 4 B. & Ald., 579. The fact that the user must be adverse, must…
2Cases cited5 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Myers v. GemmelNew York Supreme Court · 1851
- Cherry v. SteinCourt of Appeals of Maryland · 1858
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
3Cited by19 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- Templeton v. Kennesaw Life & Accident InsuranceSupreme Court of Georgia · 1961
- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
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