Buchanan v. Parks
Supreme Court of Georgia
Buchanan v. Parks, 111 Ga. 873 (Ga. 1900)
36 S.E. 947; 1900 Ga. LEXIS 870
Lumpkin
Buchanan v. Parks
Opinion of the Court
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 βit 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
Judgment reversed.
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