ARLINGTON CEMETERY CORP. v. BINDIG

19496.

212 Ga. 698 (1956)

95 S.E.2d 378

ARLINGTON CEMETERY CORPORATION et al. v. BINDIG et al.

Supreme Court of Georgia.

Decided November 14, 1956.


Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, R. E. Lee Field, Alex W. Smith, Jr., for plaintiff in error.

A. C. Latimer, Carter, Latimer & Savell, Elliott Moore, Jr., contra.


HEAD, Justice.

1. Count 2 alleges that the tract of 100 acres conveyed to the defendant has never been dedicated or used for cemetery purposes since the license was issued to the defendant's predecessors in title in July, 1926, and that the license to operate a cemetery, as to the 100 acres, has been abandoned. An easement or right may be lost by nonuser if it shall continue for a time sufficient to raise a presumption of abandonment. Code § 85-1403. It was not...

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