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TOOTLE v. PLAYER

41593.

113 Ga. App. 305 (1966)

147 S.E.2d 867

TOOTLE v. PLAYER.

Court of Appeals of Georgia.

Decided February 4, 1966.

Rehearing Denied March 11, 1966.

Attorney(s) appearing for the Case

Thomas & Thomas, Albert E. Butler, for appellant.

John W. Bennett, Leon A. Wilson, II, for appellee.

BELL, Presiding Judge.

Mrs. R. E. Player sued out an attachment against Dave Tootle. After execution of the attachment plaintiff filed her declaration in trespass seeking to recover damages for defendant's cutting timber on land owned by plaintiff. The declaration was based on Code § 105-1404, which gives a right of action in trespass to one having bare title to lands, and made no allegations concerning possession of the land. Upon trial of the case the...

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