DeGive v. Seltzer
Supreme Court of Georgia
Equity. Injunction. Nuisance. Municipal corporations. Before Judge Hillter. Fulton County. At «Chambers. October 21, 1879. In 1862 one Lewis owned a block in the city of Atlanta. In order to sell it to the best advantage, he laid out an alley running through the block, and sold the land in lots, the deeds specifying that the lots extended to the alley, but saying nothing of the uses to which it was dedicated.
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Equity. Injunction. Nuisance. Municipal corporations. Before Judge Hillter. Fulton County. At «Chambers. October 21, 1879. In 1862 one Lewis owned a block in the city of Atlanta. In order to sell it to the best advantage, he laid out an alley running through the block, and sold the land in lots, the deeds specifying that the lots extended to the alley, but saying nothing of the uses to which it was dedicated. Whether it was a public or private alley was somewhat in dispute ; Lewis and the real estate agent who laid out the alley swore that it was laid ■ out solely for the . benefit of those…
1Opinion of the Court
Jackson, Justice.
This seems to have been á naked attempt on the part of the plaintiff in error to appropriate to his individual use -an alley common to all the owners of lots in the block which *425the alley divided. Defendant in error applied for an injunction on the ground that the appropriation of the common alley to the erection of two privies therein six feet long and some two and a half feet deep, was a nuisance to himself and family, some of the bed-rooms of whose dwelling overlooked the alley, and would render the privies a standing nuisance if completed. The chancellor enjoined the…
2Cited by4 opinions
- Owens Hardware Co. v. WaltersSupreme Court of Georgia · 1954
- Kavanagh v. Mobile & Girard RailroadSupreme Court of Georgia · 1887
- Downing Lumber Co. v. Medlin & SundySupreme Court of Georgia · 1911
- Owens Hardware Co. v. WaltersSupreme Court of Georgia · 1954