HEAD v. CROUCH

17368.

207 Ga. 648 (1951)

63 S.E.2d 647

HEAD et al. v. CROUCH et al.

Supreme Court of Georgia.

Rehearing Denied March 14, 1951.


Attorney(s) appearing for the Case

O. C. Hancock and D. W. Rolader, for plaintiffs.

Dunaway, Howard & Embry, Henry M. Hatcher Jr., William L. Moore, and Herbert Johnson, for defendants.


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...

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