Lester v. Southern Security Co.

1. A creditor having a debt secured by title to property, where his debtor is adjudged a voluntary bankrupt, can, if he does not prove his debt in the bankruptcy court, institute an action in trover for the recovery of such property, and is entitled to obtain a money judgment against his debtor for the value of the property sued for, as against the plea of discharge in bankruptcy. Citizens Bank v. Mullis, 161 Ga. 371 (131 S. E. 44).

2. Any defense to the bail-trover proceeding, such as lack of demand by the creditor upon the debtor for the property to which he holds title and for which he…