Palmer v. Shiver

'The defendant in trover pleaded as an abatement to the plaintiff’s suit the pendency of a suit by possessory warrant against him by the same plaintiff, to recover the possession of the property sued for, which plea, upon proof of the facts alleged therein, was sustained and the plaintiff’s suit dismissed.

“The office of a possessory warrant is to restore the possession of a chattel to a claimant from one who has obtained it by fraud, seduction, etc., or when the property has been taken without his consent. It deals with possession and not title.” Welborn v. Shirley, 65 Ga. 695. While one…