Home/Supreme Court of Georgia/Miller v. Wells

Miller v. Wells

219 S.E.2d 751, 235 Ga. 411, 1975 Ga. LEXIS 898
CourtSupreme Court of Georgia
DecidedOctober 22, 1975
Docket30319
StatusPublished
Cited by7 cases

This text of 219 S.E.2d 751 (Miller v. Wells) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Cite This Page — Counsel Stack

Bluebook (online)
219 S.E.2d 751, 235 Ga. 411, 1975 Ga. LEXIS 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-wells-ga-1975.