Lankford v. Holton

(After stating the foregoing facts.) In order for the plaintiff in the instant case to be entitled to recover the rents and profits as money had and received which form the basis of his action, as assignee of Mrs. Mattie L. Lankford, it must appear from the petition that she, in the absence of assignment thereof, was entitled to said rents and profits. Of course he got no better title to the rents and profits than Mrs. Lankford had. In Lankford v. Holton, 195 Ga. 317, 334, 335, 336, in dealing with the title to the same land, the rents and profits from which, as money had and received, the…