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MACK TRUCKS, INC. v. RYDER TRUCK RENTAL, INC.

40607, 40608.

110 Ga. App. 68 (1964)

137 S.E.2d 718

MACK TRUCKS, INC., et al. v. RYDER TRUCK RENTAL, INC.; and vice versa.

Court of Appeals of Georgia.

Decided July 8, 1964.

Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, Samuel C. Waller, for plaintiffs in error.

Fulcher, Fulcher, Hagler & Harper, J. Walker Harper, contra.

BELL, Presiding Judge.

1. The principle of law governing this case is found in the early case of Burke v. Anderson, 40 Ga. 535, 538 (1), and, as well, in Code § 67-1403, as amended by Ga. L. 1957, p. 167. Here, as in Burke, there was failure on the part of the attaching creditor (Ryder here) to carry the burden of showing that it was a bona fide purchaser. The evidence reveals no more than that...

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