Supreme Court of Georgia, 1900

Buchanan v. Parks

Supreme Court of Georgia · Decided August 8, 1900 · Lumpkin

111 Ga. 873; 36 S.E. 947; 1900 Ga. LEXIS 870

Cases that cite this one

9 later published cases cite this decision.

Metropolitan Life Insurance v. Popescu (In re Popescu) (United States District Court for the District of Georgia 1994)
Chota, Inc. v. Woodley (Ga. 1983)
Bowen v. Lewis (Ga. 1946)
Hardin v. Snow (Ga. 1946)
Raines v. Petty (Ga. 1930)
Dodson v. Evans (Ga. 1921)
Chandler v. Reeves (Ga. Ct. App. 1921)
Charleston & Western Carolina Railway Co. v. Fleming (Ga. 1903)
Gardner v. Swann (Ga. 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lumpkin, P. J.

1. In order to sustain an application for the removal of obstructions from an alleged private way the right to which the applicant bases upon prescription, he must show not only that he has been in the uninterrupted use thereof for seven years or more, but also that it does not exceed fifteen feet in width, that it has been kept open and in repair, and that “it is the same fifteen feet originally appropriated. Collier v. Farr, 81 Ga. 749, and cases cited ; Follendore v. Thomas, 93 Ga. 300 ; Peters v. Little, 95 Ga. 161.

2. In the present case the plaintiff failed to show compliance with these re*874qnirements, and therefore had no right to the way or consequent right to abate as a nuisance an obstruction therein.

Submitted July 24. — Decided August 8, 1900.

Certiorari. Before Judge Fite. Catoosa superior court. August term, 1899.

William E. Mann, for plaintiff in error.

Judgment reversed.

All the Justices concurring.

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