McELROY v. WILLIAMS BROTHERS MOTORS

39014.

104 Ga. App. 435 (1961)

121 S.E.2d 917

McELROY et al. v. WILLIAMS BROTHERS MOTORS, INC.

Court of Appeals of Georgia.

Decided September 26, 1961.


Attorney(s) appearing for the Case

Noah J. Stone, Hugh W. Stone, for plaintiffs in error.

Jack Turoff, Rogers & Turoff, contra.


EBERHARDT, Judge.

In a trover action, it is well settled that the issue is one of title (Tidwell v. Bush, 59 Ga.App. 471, 1 S.E.2d 457) and numerous other cases, and that the plaintiff must show either title in himself at the time of the suit, prior possession or the right of possession. Southern Ry. Co. v. Strozier & Waters, 10 Ga.App. 157 (1) (73 SE 42).

The defendant urges his amended motion for new trial on the general grounds for two...

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