Perry v. Simpson

Court of Appeals of Georgia

Perry v. Simpson

99 S.E. 227, 23 Ga. App. 710, 1919 Ga. App. LEXIS 302

CourtCourt of Appeals of Georgia

DecidedMay 7, 1919

Docket10189

StatusPublished

Cited by1 cases

This text of 99 S.E. 227 (Perry v. Simpson) 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

Perry v. Simpson, 99 S.E. 227, 23 Ga. App. 710, 1919 Ga. App. LEXIS 302 (Ga. Ct. App. 1919).

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Opinion

Stephens, J.

“Before an applicant can have obstructions removed from a private way he must show, not only that there has been an uninterrupted use for more than seven years, but that it is not more than fifteen feet wide, that he has kept it open and in repair, and that it is the same fifteen feet originally appropriated.” Collier v. Farr, 81 Ga. 749 (7 S. E. 860). The evidence failing to show that the applicant kept such private way open and in repair, the judge of the superior court should have sustained, on certiorari, the exceptions to the order of the ordinary ordering the defendant to remove obstructions erected by him in the alleged private way. Johnson v. Sams, 136 Ga. 448 (2) (71 S. E. 891).

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Stephens, J.

“Before an applicant can have obstructions removed from a private way he must show, not only that there has been an uninterrupted use for more than seven years, but that it is not more than fifteen feet wide, that he has kept it open and in repair, and that it is the same fifteen feet originally appropriated.” Collier v. Farr, 81 Ga. 749 (7 S. E. 860). The evidence failing to show that the applicant kept such private way open and in repair, the judge of the superior court should have sustained, on certiorari, the exceptions to the order of the ordinary ordering the defendant to remove obstructions erected by him in the alleged private way. Johnson v. Sams, 136 Ga. 448 (2) (71 S. E. 891).

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Bluebook (online)

99 S.E. 227, 23 Ga. App. 710, 1919 Ga. App. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-simpson-gactapp-1919.

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