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Miller v. Wells

219 S.E.2d 751, 235 Ga. 411, 1975 Ga. LEXIS 898
Supreme Court of Georgia·Decided October 22, 1975·No. 30319·Published·Cited by 7 cases

Opinion

Ingram, Justice.

This is an appeal from the grant of an interlocutory injunction in Cobb Superior Court arising from a dispute over whether the appellees have a vested right to use a strip of land, approximately 20 feet in width and 372 feet in length, which is shown on a subdivision plat to run northerly along the rear of lots 1,2 and 3 from South Cobb Drive in Cobb County to the southwest corner of lot 4 owned by the appellees. The trial court overruled a motion to dismiss the complaint. However, after an evidentiary hearing, the trial court temporarily enjoined the appellants from obstructing the strip and from interfering with the appellees’ use of the strip for ingress and egress to the rear of their lot.

While a word picture of the disputed strip of land and the lots owned by the parties might be adequate to reveal the resulting legal issues, any factual account of the case is best served by reproducing a copy of the plat of the subdivision and this will be done since it is included in the transcript of the evidence.

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Miller v. Wells, 219 S.E.2d 751, 235 Ga. 411, 1975 Ga. LEXIS 898 (Ga. 1975).

219 S.E.2d 751 (Miller v. Wells) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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