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HINCHCLIFFE v. PINSON

34460.

87 Ga. App. 526 (1953)

74 S.E.2d 497

HINCHCLIFFE v. PINSON, Administratrix.

Court of Appeals of Georgia.

Decided February 3, 1953.

Attorney(s) appearing for the Case

Swift Tyler, Marvin O'Neal Jr., John Tyler, for plaintiff in error.

Lee Evans, Douglas, Evans & Cole, contra.

TOWNSEND, J.

An action for trover must be founded upon title or right of possession in the plaintiff. Underwood v. Underwood, 43 Ga.App. 643 (6) (159 S. E. 725). Where title is claimed, it must be the legal and not the equitable title. Bush v. Smith, 77 Ga.App. 329, 330 (48 S.E.2d 582). The plaintiff's cause of action here is based entirely upon the proposition that legal title to the automobile was in her deceased husband during his lifetime...

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