Elrod v. Edwards

1. The justice of the peace who presided at the trial of the possessory warrant case did not err in overruling the plea to the jurisdiction.

2. The plaintiff in the court below sued out a possessory warrant under section 5371 of the Civil Code (1910), for a certain cow, two mules, and other personal property described. In such a case no question of title is involved, but the only question is “in whose lawfully acquired quiet and peaceable possession it last was.” Ivey v. Hammock, 68 Ga. 428, 430; Mills v. Glover, 22 Ga. 319; Civil Code (1910), § 5374. On hearing the evidence in the case the…