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JACKSON v. G. M. A. C.

38711.

103 Ga. App. 865 (1961)

120 S.E.2d 810

JACKSON et al. v. GENERAL MOTORS ACCEPTANCE CORPORATION.

Court of Appeals of Georgia.

Rehearing Denied June 16, 1961.

Attorney(s) appearing for the Case

Dunn & Smith, Wavelyn E. Smith, Guy R. Dunn, Scott Walters, Jr., for plaintiffs in error.

A. Mims Wilkinson, Jr., contra.

JORDAN, Judge.

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 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. 181); and the burden

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