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FARMER v. WHITEHEAD

36674.

95 Ga. App. 520 (1957)

98 S.E.2d 145

FARMER et al. v. WHITEHEAD.

Court of Appeals of Georgia.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Herschel H. Hutchins, James R. Venable, for plaintiffs in error.

Walter E. Baker, Jr., contra.

TOWNSEND, J.

1. Trover is a civil action and must be brought in the county of residence of the defendant. Code § 3-201; Hall v. Roehr & Co., 10 Ga.App. 379 (73 S. E. 550).

2. An action in trover, even by one having legal title to the property involved, may be defeated by showing that the defendant has the right of immediate possession under contract with the plaintiff. Boswell v. Ivie, 31 Ga.App. 807 (122 S. E. 97);

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