Legal Opinion
Atlanta Ass'n of Baptist Churches v. Cowan
Supreme Court of Georgia
Decided October 14, 1936No. 11438PublishedCited by 16 opinions
1Opinion of the Court
Hutcheson, Justice.
1. As a general rule, the owner of land in fee has the right to use his property for any lawful purpose, and any claim that there are restrictions in such use of the property must be clearly and indubitably established. Kitchens v. Noland, 172 Ga. 684 (158 S. E. 562); Randall v. Atlanta Advertising Service, 159 Ga. 217, 218 (125 S. E. 462). Therefore, in a case in which the plaintiff is attempting to impose on the land of the defendant restrictions beyond the express restrictions contained in the deed to the defendant, a charge by the court to the jury that "the effect of…
2Cases cited7 opinions
- Printup v. MitchellSupreme Court of Georgia · 1855
- Randall v. Atlanta Advertising ServiceSupreme Court of Georgia · 1924
- Gordon v. SpellmanSupreme Court of Georgia · 1918
- Kitchens v. NolandSupreme Court of Georgia · 1931
- Atlanta Northern Railway Co. v. HarrisSupreme Court of Georgia · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thompson v. Glenwood Community Club Inc.Supreme Court of Georgia · 1940
- Olinger Mutual Benefit Association v. ChristySupreme Court of Colorado · 1959
- Jordan v. OrrSupreme Court of Georgia · 1952
- Smith v. Pindar Real Estate Co.Supreme Court of Georgia · 1938
- England v. AtkinsonSupreme Court of Georgia · 1943
11 more not listed; retrieve them via the Exa API.