Folk v. Meyerhardt Lodge No. 314 F. & A.M.
| Decision Date | 06 September 1962 |
| Docket Number | No. 21716,21716 |
| Parties | Walton FOLK v. MEYERHARDT LODGE NO. 314 F. & A. M. et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
For the reasons stated in the opinion the trial court erred in granting a nonsuit.
This is the second appearance of this case in this court. In Folk v. Meyerhardt Lodge, 216 Ga. 373, 116 S.E.2d 577, we held that plaintiff's petition stated a cause of action for some of the relief sought. Upon the trial of the case and at the close of the plaintiff's evidence, defendant moved for a nonsuit, the trial court's granting of which became the basis of the present writ of error.
Jean E. Johnson, Marrietta, for plaintiff in error.
Russell A. Ford, Sr., Marrietta, for defendants in error.
The decision of this court in Folk v. Meyerhardt Lodge, 216 Ga. 373, 116 S.E.2d 577, establishes as the law of the case first, that the deed from Lewis to the Lodge granted to the Lodge the third floor of the building together with an easement in the stairway leading from the first to the third floor and an easement in the five-foot way leading from Lewis Street to the stairway, and, second, that the petition stated a cause of action. Allen v. Schweigert, 113 Ga. 69(1), 38 S.E. 397; Conner v. Wright, 201 Ga. 753, 41 S.E.2d 158; Lankford v. Milhollin, 201 Ga. 594, 595(4), 40 S.E.2d 376.
Attached as exhibits to the petition as amended were a deed from Lewis to the Lodge conveying the third floor and what this court held was an easement in the stairway leading from the first to the third floor of the building, and a deed to the plaintiff placing fee simple title to the property in him subject to the rights of the Lodge. The introduction of these deeds into evidence established under the decision of this court in Folk v. Meyerhardt Lodge, 216 Ga. 373, 116 S.E.2d 577, the fact that the Lodge owned an easement in the stairway and five-foot way from the foot of the stairway to the street.
The grant of the 'right of way' to the third floor--the easement in the stairway from the first to the third floor--did not take from the owner of the property any portion of the fee in the stairway. Donalson v. Georgia Power & Light Co., 175 Ga. 462(1), 165 S.E. 440; Southern Ry. Co. v. Wages, 203 Ga. 502, 503(1), 47 S.E.2d 501. As owner of the stairway, plaintiff has the right to use the stairway and the right of way thereto from the street, provided he does not interfere with the right of use in the owner of the easement. Georgia Power...
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...v. Gaumer, 146 Colo. 409, 361 P.2d 778 (1961); Wiggins v. Lykes Bros., Inc., 97 So.2d 273 (Fla.1957); Folk v. Meyerhardt Lodge No. 314 F. & A.M., 218 Ga. 248, 127 S.E.2d 298 (1962); Lindhorst v. Wright, 616 P.2d 450 (Okl.App.1980). The reason most often cited for finding a particular easeme......
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...their lots. Incident to the grant of an easement is the reasonable enjoyment of the easement granted. Folk v. Meyerhardt Lodge No. 314 &c., 218 Ga. 248, 249, 127 S.E.2d 298 (1962). Where the grantor-subdivider creates easements by deeds and by unrecorded plat for the benefit of himself and ......
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...Ga. 551(1), 422 S.E.2d 555 (1992). 17. See Stricklett, supra, 252 Ga.App. at 430-433(1), 555 S.E.2d 800; see also Folk v. Meyerhardt Lodge, 218 Ga. 248, 127 S.E.2d 298 (1962). 18. OCGA § 19. Whited v. Issenberg, 261 Ga.App. 787, 788, 584 S.E.2d 59 (2003). 20. 86 Ga.App. 442, 443(1), 71 S.E.......
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...each other, and may well coexist even when vested in different persons." (Punctuation omitted.) Southern R. Co. v. Wages.14 See Folk v. Meyerhardt Lodge, etc.15 It therefore follows that Tillman's right to obtain ownership of the property was also independent of Meinhardt's Under these circ......
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Zoning and Land Use Law - Dennis J. Webb, Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, and Joseph L. Cooley
...Id. at 374, 615 S.E.2d at 227. 81. Id. at 377, 615 S.E.2d at 229. 82. Id. at 377-78, 615 S.E.2d at 230 (citing Folk v. Meyerhardt Lodge, 218 Ga. 248, 249, 127 S.E.2d 298, 300 (1962)). 83. Id. at 377, 615 S.E.2d at 229. 84. Id. at 379, 615 S.E.2d at 230-31. 85. Id. at 378-79, 615 S.E.2d at 2......