City of Atlanta v. Austell
Supreme Court of Georgia
Injunction. Before Judge Pendleton. Fulton superior court. May 3, 1916. In 1881 Alfred Austell died leaving a will which contained, among others, the following items: “Item 2. It -is my will and desire, and I hereby devise and direct, that my executors hereinafter named shall not sell, during the life of my said wife, any of cTrout House’ lot, on the corner of Decatur and.Pryor Streets in said City of Atlanta, fronting on Decatur Street one hundred feet, more or less, and…
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Injunction. Before Judge Pendleton. Fulton superior court. May 3, 1916. In 1881 Alfred Austell died leaving a will which contained, among others, the following items: “Item 2. It -is my will and desire, and I hereby devise and direct, that my executors hereinafter named shall not sell, during the life of my said wife, any of cTrout House’ lot, on the corner of Decatur and.Pryor Streets in said City of Atlanta, fronting on Decatur Street one hundred feet, more or less, and extending back at right angles with Decatur Street, and on Pryor Street, to Line Street; but they may build, out of any…
1Opinion of the CourtAtkinson, J.
1. In order to condemn property for public purposes, it is necessary, preliminary to the commencement of the proceeding, for the condemnor to make an effort to agree with the owner of the property upon a price to be paid for the land. Bridwell v. Gate City Terminal Co., 127 Ga. 520 (8), 535 (56 S. E. 624, 10 L. R. A. (N. S.) 909); Civil Code, § 5207.
2. An effort was made by a city to condemn certain real estate for the purpose of widening a street. The property had been devised by the terms of a will. The condemnation proceedings were upon the basis that the property had been bequeathed to a…
2Cases cited1 opinion
- Bridwell v. Gate City Terminal Co.Supreme Court of Georgia · 1907
3Cited by7 opinions
- City of Marietta v. SummerourSupreme Court of Georgia · 2017
- Barber v. Housing Authority of RomeSupreme Court of Georgia · 1939
- Miller v. State Highway DepartmentSupreme Court of Georgia · 1946
- Swann v. AustellDistrict Court, N.D. Georgia · 1918
- City of Marietta v. SummerourSupreme Court of Georgia · 2017
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