Nations v. Lassiter

1. Where the defendant in a trover case makes a solemn admission in his pleadings that he is in possession of the chattel for the recovery of which the action is instituted, he will not be permitted to disprove such admission without first withdrawing it by appropriate amendment. Clift & Goodrich, Inc. v. Mincey Mfg. Co., 41 Ga. App. 38 (152 S. E. 136); Alexander Hamilton Institute v. Van Landingham, 44 Ga. App. 606 (162 S. E. 304). Where a fact alleged in the petition is admitted in the answer, it needs no proof. Moss v. Youngblood, 187 Ga. 188 (2) (200 S. E. 689). Where possession of an…