Hinchcliffe v. Pinson

An action for trover must be founded upon title or right of possession in the plaintiff. Underwood v. Underwood, 43 Ga. App. 643 (6) (159 S. E. 725). Where title is claimed, it must be the legal and not the equitable title. Bush v. Smith, 77 Ga. App. 329, 330 (48 S. E. 2d, 582). The plaintiff’s cause of action here is based entirely upon the proposition that legal title to the automobile was in her deceased husband during his lifetime, for which reason it remained in his estate after his death on October 7, 1951. Her evidence to support this claim was as follows: that she had sued her husband…