Legal Opinion

Powell v. Riddick

Court of Appeals of Georgia

Decided January 14, 1954No. 34899PublishedCited by 5 opinions

1Opinion of the CourtSutton, C. J.

To recover in a trover action, the plaintiff must first show either title or the right of possession (Underwood v. Underwood, 43 Ga. App. 643 (6), 645, 159 S. E. 725; Carter v. Hornsby, 68 Ga. App. 424, 428, 23 S. E. 2d 95); and where, as here, the plaintiff bases his trover suit on his claim of title to the property, the issue for determination is that of title (Little v. Lawrence, 56 Ga. App. 524 (1), 193 S. E. 181); and, in order for him to recover, he must do so on the strength of his own title (Jones v. McCowen, 34 Ga. App. 801 (1), 131 S. E. 290), and of course the burden of showing his…

2Cases cited10 opinions

  1. Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
  2. Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
  3. Hinchcliffe v. PinsonCourt of Appeals of Georgia · 1953
  4. Gate City Fire Insurance v. ThorntonCourt of Appeals of Georgia · 1909
  5. Carter v. HornsbyCourt of Appeals of Georgia · 1942

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kornegay v. ThompsonCourt of Appeals of Georgia · 1981
  2. Hightower v. BerlinCourt of Appeals of Georgia · 1973
  3. Ansley v. Sunbelt Investment Realty, Inc.Court of Appeals of Georgia · 1985
  4. Jackson v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1961
  5. Abercrombie v. MurrayCourt of Appeals of Georgia · 1975

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