LAWHORNE v. HORACE

76709.

188 Ga. App. 427 (1988)

373 S.E.2d 263

LAWHORNE v. HORACE.

Court of Appeals of Georgia.

Decided September 16, 1988.


Attorney(s) appearing for the Case

Kirby G. Bailey, for appellant.

John M. Hyatt, for appellee.


McMURRAY, Presiding Judge.

Appellant filed an application for removal of an obstruction in a private way pursuant to OCGA § 44-9-59 in the Probate Court of DeKalb County. Upon the denial of his application he appealed directly to this court under the authority of OCGA §§ 15-9-120 and 15-9-123 (a).

The facts presented to the probate court showed that in 1971 Reverend Joe Hughes constructed two homes on two abutting tracts of land. During construction...

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