Legal Opinion

Schreck v. Blun

Supreme Court of Georgia

Decided November 11, 1908PublishedCited by 30 opinions

Petition-for injunction. Before Judge Charlton. Chatham superior court. June 27, 1908. This controversy is between two adjacent land proprietors over a certain passageway' between their respective tracts. The plaintiff, Y. G-.'Sehreck, owns a part of the Champion Falligant land.

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Petition-for injunction. Before Judge Charlton. Chatham superior court. June 27, 1908. This controversy is between two adjacent land proprietors over a certain passageway' between their respective tracts. The plaintiff, Y. G-.'Sehreck, owns a part of the Champion Falligant land. The origin and nature of the controversy will appear from the following statement: Champion G. Falligant, at the time of his death, was seized and possessed of a parcel of land located within the corporate limits of the city of Savannah, known as a part of the Springfield plantation. Immediately south of this tract…

1Opinion of the CourtEvans, P. J.

(After stating the facts.)

It will not be seriously disputed that a person conveying premises by description in terms bounding them by a street of a specified width, the title to which he also owns, ordinarily gives his grantee the right to insist upon-the existence and enjoyment of such street. So where an owner of land had it surveyed and laid off into lots,- caused a plat .of the same to be made which referred to a designated strip of land as a street, and sold the land with reference to such plat, a right of way over the strip of land designated in the plat as a *492street passes to every…

2Cases cited5 opinions

  1. Town of Derby v. AllingSupreme Court of Connecticut · 1873
  2. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
  3. Ford v. HarrisSupreme Court of Georgia · 1894
  4. Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
  5. Kenyon v. HookwayNew York Supreme Court · 1896

3Cited by30 opinions

  1. Tietjen v. MeldrimSupreme Court of Georgia · 1930
  2. East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
  3. Westbrook v. ComerSupreme Court of Georgia · 1944
  4. Thompson v. HillSupreme Court of Georgia · 1912
  5. Miller v. SlaterSupreme Court of Georgia · 1936

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