GATCH v. GILBERT

43139.

116 Ga. App. 594 (1967)

158 S.E.2d 259

GATCH v. GILBERT et al.

Court of Appeals of Georgia.

Decided November 6, 1967.


Attorney(s) appearing for the Case

Jones & Read, Chas. D. Read, Jr., William A. Edwards, Jr., for appellant.

Preston Holland, Frank E. Coggin, Harold Sheats, Paul H. Anderson, for appellees.


QUILLIAN, Judge.

The only question raised by the enumeration of errors was whether the grant of the nonsuit was error. The plaintiff's evidence affirmatively showed that the retention of title contract was marked "paid" and the lien released by the bank prior to the marshal's sale. Therefore, the plaintiff failed to produce prima facie evidence to support the material averment essential to his recovery that there was a superior encumbrance outstanding at the time...

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