Buchanan v. Parks
Supreme Court of Georgia
Certiorari. Before Judge Fite. Catoosa superior court. August term, 1899.
1Opinion of the CourtLumpkin, P. J.
1. In order to sustain an application for the removal of obstructions from an alleged private way the right to which the applicant bases upon prescription, he must show not only that he has been in the uninterrupted use thereof for seven years or more, but also that it does not exceed fifteen feet in width, that it has been kept open and in repair, and that “it is the same fifteen feet originally appropriated. Collier v. Farr, 81 Ga. 749, and cases cited ; Follendore v. Thomas, 93 Ga. 300 ; Peters v. Little, 95 Ga. 161.
2. In the present case the plaintiff failed to show compliance with these…
2Cases cited2 opinions
- Collier v. FarrSupreme Court of Georgia · 1888
- Follendore v. ThomasSupreme Court of Georgia · 1894
3Cited by10 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Dodson v. EvansSupreme Court of Georgia · 1921
- Charleston & Western Carolina Railway Co. v. FlemingSupreme Court of Georgia · 1903
- Bowen v. LewisSupreme Court of Georgia · 1946
- Hardin v. SnowSupreme Court of Georgia · 1946
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