39 S.E.2d 591 | Ga. Ct. App. | 1946
The requirement that an applicant for the removal of an obstruction to a private way must show adverse user for seven years by evidence of his keeping the way open and in repair by making repairs during the seven-year period applies whether the use of the way originated by permission of the owner or not. Under the evidence in this case no such evidence of repairs appeared, and the ordinary erred in ordering the obstruction removed.
(45 S.E. 664); Holloway v. Birdsong,
Judgment reversed. Sutton, P. J., and Parker, J., concur.