Supreme Court of Georgia, 1885

Brown v. Gunn

Brown v. Gunn
Supreme Court of Georgia · Decided December 16, 1885 · Stewart
1 Ga. L. Rep. 157

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.