King v. Neel
Supreme Court of Georgia
Trover. Before Judge Turnbull. Bartow superior court. January term, 1895. On June 17, 1879, Erank P. Gray, administrator of Lewis Tumlin, brought bail-trover against B. J. King, to recover a two ninths interest in a wool-carder and appurtenances, alleging the same to be of the value of $1,500, and of the annual rental value of $100; that King had enjoyed the profits of the same since March, 1879, and refused to deliver said carder to plaintiff or pay him the profits thereon.
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Trover. Before Judge Turnbull. Bartow superior court. January term, 1895. On June 17, 1879, Erank P. Gray, administrator of Lewis Tumlin, brought bail-trover against B. J. King, to recover a two ninths interest in a wool-carder and appurtenances, alleging the same to be of the value of $1,500, and of the annual rental value of $100; that King had enjoyed the profits of the same since March, 1879, and refused to deliver said carder to plaintiff or pay him the profits thereon. Defendant pleaded not guilty. On May 15, 1889, verdict and judgment were rendered for plaintiff for $600, and defendant…
1Opinion of the Court
Lumpkin, Justice.
Stripped of all complication, this case turned upon the question indicated in the first head-note, and that question has been clearly settled by at least two decisions rendered by this court not long after its organization, and which seem to be well supported. See Hall v. Page, 4 Ga. 428, and authorities cited; Starnes et al. v. Quin, 6 Ga. 84. The decision of this court in both cases was pronounced by Judge Nisbet. In the former, page 435, he says: “As a general rule, it is not denied anywhere, but that trover will not lie in favor of one tenant in common against his…
2Cases cited2 opinions
- Hall v. PageSupreme Court of Georgia · 1848
- Starnes v. QuinSupreme Court of Georgia · 1849
3Cited by11 opinions
- In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
- Southern Mutual Building & Loan Ass'n v. PerrySupreme Court of Georgia · 1898
- Hale v. HaleCourt of Appeals of Georgia · 1922
- State v. McFallOregon Supreme Court · 1924
- Adams v. PaffordCourt of Appeals of Georgia · 1949
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