61 Ga. 28 | Ga. | 1878
This case came before the court below on a certiorari to the ordinary of Wilkes county. It appears from the record that Walton et al. petitioned the ordinary to have certain obstructions which had been made to an alleged private way removed therefrom. The ordinary refused the application, and the petitioners sued out a writ of certiorari, and the court, after considering the return of the ordinary and the evidence, sustained the certiorari, and ordered that the obstructions to the alleged private way claimed by the petitioners, should be removed; whereupon the defendants in certiorari excepted.
It appears from the return of the ordinary and the evidence in the record, that the petitioners had been in the habit of using a private way over the unenclosed land of Short and Colley for more than seven years — that is to say,
Let the judgment of the court below be reversed.