Williams v. Mitchem
Supreme Court of Georgia
Certiorari; from Court of Appeals. 25 Ga. App. 138. On August 30, 1918, T. J. Williams and Y. D. McCollum instituted an action against C. E. Mitehem in tbe city court of Morgan, Calhoun County.
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Certiorari; from Court of Appeals. 25 Ga. App. 138. On August 30, 1918, T. J. Williams and Y. D. McCollum instituted an action against C. E. Mitehem in tbe city court of Morgan, Calhoun County. The petition alleged that the defendant was in possession of " all of the crops of cotton, cottonseed, corn and folder, peanuts, grown during the year 1918 ” on a described plantation, "there being (30) thirty bales of cotton, mature, in the field ungathered, and one bale of cotton in seed, gathered, (4000) four thousand bushels of peanuts, in the field ungathered, but mature and ripe for. gathering,…
1Opinion of the CourtAtkinson, J.
1. The petition as amended alleged that the defendant was in possession of described property of stated value, to which the plaintiffs in good faith claimed title; and that he refused to surrender such possession on demand by plaintiffs. Included among the several properties so described in the petition was “ one bale of cotton in seed, gathered.” This part of the property was personalty; and relatively to that, the petition set forth a cause of action under the Civil Code, § 4483, which declares: “ In actions *233to "recover the possession of chattels, an alternative verdict in damages to be…
2Cases cited19 opinions
- Marshall v. LivingstonSupreme Court of Georgia · 1886
- Lauchheimer & Sons v. JacobsSupreme Court of Georgia · 1906
- Bagley v. Columbus Southern Rwy. Co.Supreme Court of Georgia · 1896
- Wall v. MountSupreme Court of Georgia · 1905
- Hackney v. StateSupreme Court of Georgia · 1897
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3Cited by11 opinions
- Adcock v. BerrySupreme Court of Georgia · 1942
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- Farmers Warehouse Co. v. First National BankSupreme Court of Georgia · 1921
- Griffin v. LeggettSupreme Court of Georgia · 1922
- Rust v. Producers Co-Operative Exchange, Inc.Court of Appeals of Georgia · 1950
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