Hartz v. Hartz

1. Mere silence by one who stands by and sees another make a gift to a third person of a chattel in which he has an interest will not alone estop him from asserting his title against the donee. Civil Code, § 5736; Cain v. Busby, 30 Ga. 714, 722; Goodwyn v. Goodwyn, 20 Ga. 600 (9).

2. Where a plaintiff in an action of bail-trover complies with the statute (Civil Code, § 5157 et seq.), and the defendant, in order to keep the property found in his possession, gives bond as required by statute, and on the trial judgment goes against the defendant and the surety on his bond, finding the' property…