POWELL v. RIDDICK

34899.

89 Ga. App. 505 (1954)

80 S.E.2d 70

POWELL v. RIDDICK.

Court of Appeals of Georgia.

Decided January 14, 1954.


Attorney(s) appearing for the Case

Harris & Gower, for plaintiff in error.

Sam G. Dettelbach, contra.


SUTTON, C. J.

To recover in a trover action, the plaintiff must first show either title or the right of possession (Underwood v. Underwood, 43 Ga.App. 643 (6), 645, 159 S. E. 725; Carter v. Hornsby, 68 Ga.App. 424, 428, 23 S.E.2d 95); and where, as here, the plaintiff bases his trover suit on his claim of title to the property, the issue for determination is that of title (Little v. Lawrence, 56 Ga.App. 524 (1), 193 S. E....

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