Carter v. Dickerson

Court of Appeals of Georgia

Carter v. Dickerson

11 S.E.2d 414, 63 Ga. App. 490, 1940 Ga. App. LEXIS 482

CourtCourt of Appeals of Georgia

DecidedNovember 4, 1940

Docket28411.

StatusPublished

This text of 11 S.E.2d 414 (Carter v. Dickerson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Dickerson, 11 S.E.2d 414, 63 Ga. App. 490, 1940 Ga. App. LEXIS 482 (Ga. Ct. App. 1940).

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Opinion

Gardner, J.

The ordinary was authorized to find from the evidence, though conflicting, that there was a. prescriptive úse of the private road in question, that it was not over fifteen feet in width, that the prescriptive use had been over seven years in duration, that such use had ripened by permission (Thomas v. Scott, 23 Ga. App. 652, 99 S. E. 57), and by repairs being made by the defendant in error and other users thereof, not only within the seven-year period, but for a time as extended beyond such period when the plaintiff in error was charged with notice that the way was being maintained in condition for continued use, and that subdivisions of lands had been made and homes had been built “on the faith that such property [could] be reached over the existing road.” Kirkland v. Pitman, 122 Ga. 256, 259 (50 S. E. 117). The evidence supported the allegations of the petition to the ordinary that the lands traversed by the private way in question were improved lands. The superior court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, O.- J., and MacIntyre, J., concur.

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Gardner, J.

The ordinary was authorized to find from the evidence, though conflicting, that there was a. prescriptive úse of the private road in question, that it was not over fifteen feet in width, that the prescriptive use had been over seven years in duration, that such use had ripened by permission (Thomas v. Scott, 23 Ga. App. 652, 99 S. E. 57), and by repairs being made by the defendant in error and other users thereof, not only within the seven-year period, but for a time as extended beyond such period when the plaintiff in error was charged with notice that the way was being maintained in condition for continued use, and that subdivisions of lands had been made and homes had been built “on the faith that such property [could] be reached over the existing road.” Kirkland v. Pitman, 122 Ga. 256, 259 (50 S. E. 117). The evidence supported the allegations of the petition to the ordinary that the lands traversed by the private way in question were improved lands. The superior court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, O.- J., and MacIntyre, J., concur.

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Bluebook (online)

11 S.E.2d 414, 63 Ga. App. 490, 1940 Ga. App. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-dickerson-gactapp-1940.

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