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AMERICAN NATIONAL BANK & TRUST COMPANY v. DAVIS

39039, 39040.

104 Ga. App. 586 (1961)

122 S.E.2d 477

AMERICAN NATIONAL BANK & TRUST COMPANY v. DAVIS et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied October 5, 1961.

Attorney(s) appearing for the Case

John D. Edge, for plaintiff in error.

James B. Langford, contra.

EBERHARDT, Judge.

1. While a bill of sale to secure debt will support an action in trover (Owens v. Bridges, 13 Ga.App. 419, 79 SE 225; Conner v. Farmers & Merchants Bank, 25 Ga.App. 388, 103 SE 474; Piedmont Agricultural Credit Corp. v. Northeastern Banking Co., 51 Ga.App. 571, 181 SE 84; Stanfield v. Crawley, 74 Ga.App. 79, 80, 39 S.E.2d 88), it is necessary to allege in the petition a default by the maker giving the holder the right...

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