Glaze v. The Western
| Decision Date | 30 September 1881 |
| Citation | 67 Ga. 761 |
| Parties | Glaze . vs. The Western and Atlantic Railroad Company. |
| Court | Georgia Supreme Court |
[Jackson, Chief Justice, being disqualified, Judge Hillyer of the Atlanta circuit, was designated to preside in this case.]
1. Where a public road is discontinued by the proper authority and abandoned, no right survives to an individual to adopt and use it as a private way from the mere fact that he had long used it as one of the public.
2. An accore and satisfaction, though unwillingly assented to, yet if assented to in point of fact, and acted on by the other party to his injury will terminate the dispute.
3. No prescription runs against the state; and this is true of the state's title to the Western and Atlantic railroad as well as the balance of the public domain, and it does not matter whether the road was for the time being in the hands of the state's own officers, or of her tenants or lessees.
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State Highway Dept. v. Strickland
...strip would have to be used by them in the loading and unloading of trucks. 'No prescription runs against the State.' Glaze v. Western and Atlantic R. Co., 67 Ga. 761(3), 'Prescription does not run against a municipal corporation in regard to land held for the benefit of the public.' Norrel......
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City of Marietta v. CSX Transportation
...whether the road was for the time being in the hands of the state's own officers, or of her tenants or lessees. Glaze v. Western & Atlantic R. Co., 67 Ga. 761, 761 (Ga.1881). This is obviously strong authority in CSX's favor, but it does not completely resolve the question because of obliqu......
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Sylvania Electric Prod.S Inc v. Elec. Wholesalers Inc
...such declarations have been held as a matter of law to have agreed to all of the conditions attached to the tender. Glaze v. Western & Atlantic Railroad Co., 67 Ga. 761 (2); Walker v. O'Neill Mfg. Co., 128 Ga. 831, 58 S.E. 475; Citizens' & Southern Bank v. Union Warehouse Co, 157 Ga. 434, 1......
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Grand Lodge of Ga., Independent Order of Odd Fellows v. City of Thomasville
...State Highway Dept. v. Harris, 214 Ga. 521, 523, 106 S.E.2d 19, which says: "No prescription runs against the state * * *' (Glaze v. Western & A.R. Co., 67 Ga. 761(3)) or '* * * against a municipal corporation in regard to land held for the benefit of the whole public,' (Norrell v. Augusta ......