Supreme Court of Georgia, 1951

Head v. Crouch

Head v. Crouch
Supreme Court of Georgia · Decided February 13, 1951 · Duckworth
63 S.E.2d 647; 207 Ga. 648; 1951 Ga. LEXIS 482 (South Eastern Reporter, Second Series)

Head v. Crouch

Opinion

Duckworth, Chief Justice.

The undisputed evidence, showing that the petition to enjoin the maintenance of obstructions in an area designated more than 20 years previously by the common grantor as a street was not filed until the obstructions, which were two dwelling houses, were completed — although the petitioners knew that they were being built — ■ shows such a lack of diligence as will, irrespective of any legal rights, deny to the petitioner any relief in equity. Dulin v. Caldwell, 28 Ga. 117; Southern Marble Co. v. Darnell, 94 Ga. 232 (21 S. E. 531); Holt v. Parsons, 118 Ga. 895 (45 S. E. 690); City of Marietta v. Dobbins, 150 Ga. 422 (104 S. E. 444); Whipkey v. Turner, 206 Ga. 410 (57 S. E. 2d, 481). The exception here is to the directed verdict in favor of the defendants, and is without merit.

Judgment affirmed.

All the Justices concur.

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