Martin v. Martin

Court of Appeals of Georgia

Martin v. Martin

1 S.E.2d 46, 59 Ga. App. 367, 1939 Ga. App. LEXIS 26

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1939

Docket27208

StatusPublished

Cited by1 cases

This text of 1 S.E.2d 46 (Martin v. Martin) 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

Martin v. Martin, 1 S.E.2d 46, 59 Ga. App. 367, 1939 Ga. App. LEXIS 26 (Ga. Ct. App. 1939).

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Opinion

Eelton, J.

In an action to remove obstructions from a private way where the evidence authorized the ordinary to find that the way had never-been worked, had been plowed and cultivated, was more than fifteen feet wide, and that the use of the private way had not been uninterrupted for the prescriptive period, the ordinary did not err in finding against the removal of the obstructions, and the superior court did not err in dismissing the certiorari. Puryear v. Clements, 53 Ga. 232; Collier v. Farr, 81 Ga. 749 (7 S. E. 860); Nashville, Chattanooga & St. Louis Ry. Co. v. Coats, 133 Ga. 820 (66 S. E. 1085); Rogers v. Wilson, 171 Ga. 802 (156 S. E. 817); Elloitt v. Adams, 173 Ga. 312 (4) (160 S. E. 336).

Judgment affirmed.

Stephens, P. J., and Sullon, J., concur.

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Eelton, J.

In an action to remove obstructions from a private way where the evidence authorized the ordinary to find that the way had never-been worked, had been plowed and cultivated, was more than fifteen feet wide, and that the use of the private way had not been uninterrupted for the prescriptive period, the ordinary did not err in finding against the removal of the obstructions, and the superior court did not err in dismissing the certiorari. Puryear v. Clements, 53 Ga. 232; Collier v. Farr, 81 Ga. 749 (7 S. E. 860); Nashville, Chattanooga & St. Louis Ry. Co. v. Coats, 133 Ga. 820 (66 S. E. 1085); Rogers v. Wilson, 171 Ga. 802 (156 S. E. 817); Elloitt v. Adams, 173 Ga. 312 (4) (160 S. E. 336).

Judgment affirmed.

Stephens, P. J., and Sullon, J., concur.

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Bluebook (online)

1 S.E.2d 46, 59 Ga. App. 367, 1939 Ga. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-gactapp-1939.

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