Robins v. McGehee
Supreme Court of Georgia
Petition for injunction. Before Judge Little. Talbot superior court. May 10, 1906. An equitable petition was filed by Mary Eobins against the-Town Council of Talbotton and E. H. McGehee, as mayor of that-town, to restrain the municipal authorities from removing a fence-which they asserted was an encroachment on Monroe street.
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Petition for injunction. Before Judge Little. Talbot superior court. May 10, 1906. An equitable petition was filed by Mary Eobins against the-Town Council of Talbotton and E. H. McGehee, as mayor of that-town, to restrain the municipal authorities from removing a fence-which they asserted was an encroachment on Monroe street. She alleged, that she was the owner of the land on which the fence-stood, and had been in the quiet and undisturbed possession thereof, under written conveyances, for over thirty years; that it was the purpose of .the defendants to remove the fence and confiscate a…
1Opinion of the CourtEvans, J.
(After stating the facts.)
In some municipalities the fee in the streets is in the city, while-in others the public has only an easement in the use of the streets, with the title thereto vested in the abutting-land owners. Where the municipal corporation holds the fee-simple title to its streets, adverse possession can never ripen into prescription. Norrell v. Augusta, 116 Ga. 313. The municipality of Talbotton claims to have acquired title to its streets as follows: The County of Talbot was organized under the act approved December 24, 1827 (Acts 1827, p. 65). The act of organization directed…
2Cases cited5 opinions
- Mayor of Columbus v. JaquesSupreme Court of Georgia · 1860
- Norrell v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1902
- City Council v. ReynoldsSupreme Court of Georgia · 1905
- State v. Paxson & CannonSupreme Court of Georgia · 1904
- Bryans v. AlmandSupreme Court of Georgia · 1891
3Cited by23 opinions
- Town of Refugio v. StrauchTexas Commission of Appeals · 1930
- Mayor of Savannah v. BarnesSupreme Court of Georgia · 1918
- City of Moultrie v. Colquitt County Rural Electric Co.Supreme Court of Georgia · 1955
- Batson v. HigginbothemCourt of Appeals of Georgia · 1910
- Poole v. Southern Railway Co.Court of Appeals of Georgia · 1925
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