Abney v. MB THOMAS AUTO SALES COMPANY., INC.

93 Ga. App. 224 (1956)

91 S.E.2d 189

ABNEY et al.

v.

M. B. THOMAS AUTO SALES COMPANY., INC.

36006.

Court of Appeals of Georgia.

Decided January 20, 1956.

Robert Edward Surles, for plaintiff in error.

Bobby Lee Cook, Thomas J. Espy, Jr., contra.

CARLISLE, J.

1. "The issue in an action of trover is ordinarily one of title, and the gist of the action is conversion, that is to say, that the defendant has wrongfully deprived the plaintiff of possession. Where such a state of facts exist trover will lie." Tidwell v. Bush, 59 Ga. App. 471, 472 (1 S. E. 2d 457), and citations.

2. A petition strictly following…