BURK v. TYRRELL

19189, 19203.

212 Ga. 239 (1956)

91 S.E.2d 744

BURK et al. v. TYRRELL et al. TYRRELL et al. v. SWANSON et al.

Supreme Court of Georgia.

Decided February 14, 1956.

Rehearing Denied February 29, 1956.


Attorney(s) appearing for the Case

McClure & McClure, Wade H. Leonard, for plaintiff in error.

Frank M. Gleason, contra.


ALMAND, Justice.

T. A. Swanson, Ruben C. Burk, and Laura Burk brought an equitable petition against Fred G. and Bernice Marie Tyrrell, seeking to enjoin them from interfering with the petitioners' use of a private way over the lands of the defendants, which was the sole way of ingress and egress by the plaintiffs from their land to a named public road. They asserted a right to use the private way by reason of prescriptive use, and because they had purchased their...

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