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23 Ga. App. 652

Thomas v. Scott

Court of Appeals of Georgia

Decided April 19, 1919

Court of Appeals of Georgia · decided 1919-04-19

<p>Certiorari; from Gordon superior court—Judge Tarver. November 2, 1918.</p>

Cited by 3 later decisions — most recently September 1974

3 state decisions

Relies on Kirkland v. Pitman

Good law ✅— No negative treatment on recordhow we know

Decided 1919-04-19

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Luke, J.

¶11. Permissive use of a private way not over fifteen feet in .vidth may ripen into prescriptive rights thereto. See Kirkland v. Pittman, 122 Ga. 256, 259 (50 S. E. 117) and cases cited.

¶22. The evidence in this ease was conflicting, but the ordinary who heard the case was authorized to render judgment requiring removal of obstructions from the private way. Eor no reason assigned did the judge of the superior court err in the judgment overruling the certiorari.

¶3 Judgment affirmed.

Wade, C. J., and Jenkins, J., concur.
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