Henderson v. Cam Development Co.

McMurray, Presiding Judge.

Plaintiff filed a petition in the probate court to remove an ob- .. struction from a private way. See OCGA § 44-9-59. It was alleged that plaintiff’s property is served by a private way which lies in part upon' land owned by defendant; and that defendant obstructed the private way by placing a fence across it. Defendant answered the petition, denying that plaintiff was entitled to a right of private way upon de-. fendant’s land.

The case was tried by the probate court sitting without a jury. Upon the conclusion of the case, the probate court denied plaintiff’s…