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NORMAN v. CHAFIN

40749.

110 Ga. App. 234 (1964)

138 S.E.2d 279

NORMAN v. CHAFIN.

Court of Appeals of Georgia.

Decided September 9, 1964.

Attorney(s) appearing for the Case

Lawson E. Thompson, for plaintiff in error.

Walton E. Hardin, contra.

PANNELL, Judge.

1. To maintain an action in trespass for the cutting of timber plaintiff must prove actual possession at the time of the trespass, or, in the absence of such possession, that he is the true owner of the land. Duckworth v. Ocean Steamship Co., 98 Ga. 193 (3) (26 SE 736); Yahoola River & Crane Creck Hydraulic Hose Mining Co. v. Irby, 40 Ga. 479, 482 (2); Moore v. Vickers, 126 Ga. 42 (54 SE 814);

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