Brown v. Gunn

Supreme Court of Georgia
Brown v. Gunn, 1 Ga. L. Rep. 157 (Ga. 1885)
Stewart

Brown v. Gunn

Opinion of the Court

Stewart, J. —

1. Abdication to public use is, “when one being the ow.ner of binds .consents, either expressly or by his actions, that it may be used by the public for a particular purpose.”

2. To establish.the fact that land has been dedicated to the public,. the consent of'the owner of the land as well as a reasonable description of the same should be shown, in such manner as that the metes and bounds of the- land can be identified. The owner of land, upon which is a graveyard, who permits his neighbors to use same as a burial ground, is not estopped from theexclusivetuse of such lands upon the ground that the same has been dedicated to public use.

Judgment affirmed.

Reference

Status
Published