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BURTON v. ATLANTA & WEST POINT RAILROAD COMPANY

16993, 16994.

206 Ga. 698 (1950)

58 S.E.2d 424

BURTON v. ATLANTA & WEST POINT RAILROAD COMPANY; et vice versa.

Supreme Court of Georgia.

Rehearing Denied March 27, 1950.

Attorney(s) appearing for the Case

J. C. Bowden and A. G. Smith, for plaintiff.

Morris B. Abram and Heyman, Howell & Heyman, for defendant.

HAWKINS, Justice.

1. While a right of private way over another's land may arise by prescription from seven years' uninterrupted use through improved lands (Code, §§ 85-1401, 83-112; Rogers v. Wilson, 171 Ga. 802 (4), 156 S. E. 817), where, as in this case, a private way is claimed by prescription, the party setting up such claim must bring himself strictly within the requirements of the law (Nott v. Tinley, 69 Ga. 766); and in...

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