Farmer v. Whitehead

1. Trover is a civil action and must be brought in the county of residence of the defendant. Code § 3-201; Hall v. Roehr & Co., 10 Ga. App. 379 (73 S. E. 550).

2. An action in trover, even by one having legal title to the property involved, may be defeated by showing that the defendant has the right of immediate possession under contract with the plaintiff. Boswell v. Ivie, 31 Ga. App. 807 (122 S. E. 97); Birmingham, Fertilizer Co. v. Dozier, 13 Ga. App. 759 (79 S. E. 927).

3. “The judgment of a court having no jurisdiction of the person or subject-matter, or void for any other cause, is a mere…