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STEPHENS v. SOUTHERN DISCOUNT CO.

39191.

105 Ga. App. 667 (1962)

125 S.E.2d 235

STEPHENS et al. v. SOUTHERN DISCOUNT COMPANY.

Court of Appeals of Georgia.

Decided March 30, 1962.

Attorney(s) appearing for the Case

O. Lee White, for plaintiffs in error.

Franklin B. Anderson, Hansell, Post, Gardner, Brandon & Dorsey, J. William Gibson, contra.

FRANKUM, Judge.

1. The first question to be considered is whether, under the evidence, the plea in bar filed by the defendant Billy Stephens, the bankrupt, should have been sustained.

"`In an action of trover the issue is one of title, and not of debt. . . The sole issue in the trial of an action of trover is that of title to the property in dispute; and the fact that the plaintiff may elect to take a money verdict...

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