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207 Ga. 648

63 S.E.2d 647

Head v. Crouch

Supreme Court of Georgia

Decided February 13, 1951

Supreme Court of Georgia · decided 1951-02-13

Cited by 2 later decisions — most recently April 1960

2 state decisions

Relies on Holt v. Parsons · Whipkey v. Turner · Southern Marble Co. v. Darnell

Good law ✅— No negative treatment on recordhow we know

Decided 1951-02-13

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Duckworth, Chief Justice.

¶1 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.

¶2 Judgment affirmed.

All the Justices concur.
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