60 Ga. App. 730 | Ga. Ct. App. | 1939
Where one seeks to have obstructions removed from a private way by reason of the fact that he has obtained a prescriptive right to use it, he must prove (1) uninterrupted use for more than seven years, (2) that it is not .more than fifteen feet wide, (3) that it is the same fifteen feet originally laid out, and (4) that he has kept it open and in repair. Rogers v. Wilson, 171 Ga. 802 (156 S. E. 817); First Christian Church v. Really Investment Co., 180 Ga. 35 (178 S. E. 303). The evidence in this case failed to show that any of the several petitioners used the road without interruption and kept it open and in repair for a period of seven years under such circumstances as. would ripen into prescription. Two of the petitioners did not pretend to repair it or to keep it open. The evidence showed that J. W. Johnson acquired title to the land over which the road ran, by warranty
Judgment affirmed.