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SWYGERT v. ROBERTS

51287.

136 Ga. App. 700 (1975)

222 S.E.2d 75

SWYGERT v. ROBERTS.

Court of Appeals of Georgia.

Decided November 3, 1975.

Rehearing Denied November 21, 1975.

Attorney(s) appearing for the Case

Gambrell & Mobley, Robert D. Feagin, Kent B. Massie, for appellant.

Sanders, Mottola, Haugen, Wood & Goodson, Charles L. Goodson, for appellee.

WEBB, Judge.

Pursuant to Code § 83-119, Julian Roberts petitioned the ordinary for an order requiring James Swygert to remove obstructions from a private way passing over Swygert's land to the landlocked land of Roberts. Following a judgment in Robert's favor, Swygert appealed to the superior court for a de novo determination. Pursuant to a pre-trial order, the issues were narrowed to (1) whether a private way existed and (2) whether Swygert obstructed it. The...

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