Johnson v. Sams
Supreme Court of Georgia
Removal of obstructions from private way. Before Judge Sea-brook. McIntosh superior court. April 23, 1910.
1Opinion of the CourtAtkinson, J.
1. The ordinary of McIntosh county has jurisdiction of a proceeding to remove obstructions from an alleged private way existing by prescription over the lands of another within the limits of the town of Darien. Civil Code (1910), § 825; Duggan v. Cox, 78 Ga. 158 (1 S. E. 428).
2. To sustain an application for the removal of obstructions from an alleged private way, the right to which is based upon prescription by seven years’ user, it is essential that the applicant show not only that he has been in the uninterrupted use thereof for seven years or more, that it does not exceed fifteen feet in…
2Cases cited3 opinions
- Collier v. FarrSupreme Court of Georgia · 1888
- Nashville, Chattanooga & St. Louis Ry. v. CoatsSupreme Court of Georgia · 1910
- Duggan v. CoxSupreme Court of Georgia · 1887
3Cited by25 opinions
- First Christian Church v. Realty Investment Co.Supreme Court of Georgia · 1934
- Hall v. BrowningSupreme Court of Georgia · 1943
- Miller v. SlaterSupreme Court of Georgia · 1936
- Maddox v. WillisSupreme Court of Georgia · 1949
- Elliott v. AdamsSupreme Court of Georgia · 1931
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