ROTHBERG v. PEACHTREE INVESTMENTS

22874.

220 Ga. 776 (1965)

142 S.E.2d 264

ROTHBERG v. PEACHTREE INVESTMENTS, INC.

Supreme Court of Georgia.

Decided April 8, 1965.


Attorney(s) appearing for the Case

Ware, Sterne & Griffin, Robert F. Lyle, for plaintiff in error.

Fine & Rolader, Joseph J. Fine, contra.


QUILLIAN, Justice.

1. To sustain a suit to enjoin the obstruction of an alleged private way, "the right to which is based upon prescription by seven years user, it is essential that the applicant show not only that he has been in the uninterrupted use thereof for seven years or more, that it does not exceed fifteen [now 20] feet in width, and that it is the same fifteen feet originally appropriated, but that he has kept it open and in repair during such period." ...

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