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SIMMONS v. BEARDEN

No. A98A0849.

506 S.E.2d 220 (1998)

234 Ga. App. 81

SIMMONS v. BEARDEN et al.

Court of Appeals of Georgia.

August 21, 1998.

Attorney(s) appearing for the Case

Reagan W. Dean, for appellant.

Denney, Pease, Allison & Kirk, John W. Denney, Columbus, for appellees.

HAROLD R. BANKE, Senior Appellate Judge.

J.E. Simmons appeals the superior court's judgment denying his petition against Jimmy Bearden and Church Hill Farm, Inc. (collectively "Bearden"), under OCGA § 44-9-59 to remove obstructions on a private way. Simmons contends the superior court erred by finding he "did not keep the field road open and usable, and therefore did not constitute notice of intention to prescribe against Appellees' land." Held:

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