Sims v. James
Supreme Court of Georgia
Trover. Title. Evidence. Practice in the Superior Court. New trial. Before Judge Hall. Clayton Superior Court. September Term, 1878. James brought trover against Sims for a mule. It appeared from the evidence that plaintiff had sold the mule to Dye and others, and- taken their notes for the purchase money, in which it was stipulated that the title to the mule should remain in the plaintiff until it was paid for.
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Trover. Title. Evidence. Practice in the Superior Court. New trial. Before Judge Hall. Clayton Superior Court. September Term, 1878. James brought trover against Sims for a mule. It appeared from the evidence that plaintiff had sold the mule to Dye and others, and- taken their notes for the purchase money, in which it was stipulated that the title to the mule should remain in the plaintiff until it was paid for. After-wards Walker signed the notes as security, upon the agreement that if he had the money to pay, the mule was to be turned over to him. Before the money was paid, the purchasers…
1Opinion of the Court
Warner, Chief Justice.
The plaintiff brought an action of trover against the defendant to recover the possession of a black mule therein described. On the trial of the case the jury, under the evidence and charge of the court, found a verdict in favor of the plaintiff. The defendant made a motion for a new-trial on various grounds, which was overruled, and the defendant excepted. It appears from the evidence in the record that the plaintiff made a conditional sale of the mule to J. L. Dye, Ellen Fields and A. J. Fields, and took their two notes therefor, one for $100,00, and the other for…
2Cited by6 opinions
- Gamble v. ShinglerCourt of Appeals of Georgia · 1918
- Ezzard v. Frick & Co.Supreme Court of Georgia · 1886
- Monroe County v. DriskellCourt of Appeals of Georgia · 1908
- Waldrip v. Associates Financial Services Co.Court of Appeals of Georgia · 1972
- Ezzard v. Frick & Co.Supreme Court of Georgia · 1886
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