Priest v. DuPree

Court of Appeals of Georgia

Priest v. DuPree

3 S.E.2d 106, 60 Ga. App. 149, 1939 Ga. App. LEXIS 523

CourtCourt of Appeals of Georgia

DecidedMay 26, 1939

Docket27434

StatusPublished

Cited by2 cases

This text of 3 S.E.2d 106 (Priest v. DuPree) 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

Priest v. DuPree, 3 S.E.2d 106, 60 Ga. App. 149, 1939 Ga. App. LEXIS 523 (Ga. Ct. App. 1939).

Pincite

Opinion

Broyles, O. J.

It is well settled by repeated decisions of the Supreme Court and of this court that before an applicant can have obstructions removed from a private way, under the Code, § 83-119, he must show not only that there has been an uninterrupted use of it for more than seven years, and that he has kept it open and in repair, but that it is not more than fifteen feet wide, and is the same fifteen feet originally appropriated. Collier v. Farr, 81 Ga. 749 (7 S. E. 860); Aaron v. Gunnels, 68 Ga. 528; Woolbright v. Cureton, 76 Ga. 107; Johnson v. Sams, 136 Ga. 448 (71 S. E. 891); Forrester v. McKaig, 144 Ga. 702 (87 S. E. 1060); Seaboard Air-Line Ry. Co. v. Broken, 55 Ga. App. 368 (2) (190 S. E. 203). In the instant case the evidence failed to show that the private way was not more than fifteen feet wide. Accordingly, the judgment of the ordinary requiring the obstructions to be removed was contrary to law and the evidence; and the judge of the superior oourt erred in dismissing the certiorari.

Judgment reversed.

Maolntyre and, Guerry, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, O. J.

It is well settled by repeated decisions of the Supreme Court and of this court that before an applicant can have obstructions removed from a private way, under the Code, § 83-119, he must show not only that there has been an uninterrupted use of it for more than seven years, and that he has kept it open and in repair, but that it is not more than fifteen feet wide, and is the same fifteen feet originally appropriated. Collier v. Farr, 81 Ga. 749 (7 S. E. 860); Aaron v. Gunnels, 68 Ga. 528; Woolbright v. Cureton, 76 Ga. 107; Johnson v. Sams, 136 Ga. 448 (71 S. E. 891); Forrester v. McKaig, 144 Ga. 702 (87 S. E. 1060); Seaboard Air-Line Ry. Co. v. Broken, 55 Ga. App. 368 (2) (190 S. E. 203). In the instant case the evidence failed to show that the private way was not more than fifteen feet wide. Accordingly, the judgment of the ordinary requiring the obstructions to be removed was contrary to law and the evidence; and the judge of the superior oourt erred in dismissing the certiorari.

Judgment reversed.

Maolntyre and, Guerry, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

3 S.E.2d 106, 60 Ga. App. 149, 1939 Ga. App. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priest-v-dupree-gactapp-1939.

Opinion

Related

Cite This Page — Counsel Stack