Kokomo Rubber Co. v. Anderson

(After stating the foregoing facts.)

1. Assuming that the plaintiff, or, instead, his lessee, the .Hughes Piano Company, might have been entitled to an action against the defendant for the recovery of possession, or for mesne profits (38 Cyc. 1072-3; Parker v. Salmons, 113 Ga. 1167 (5), 39 S. E. 475; Bigelow on Torts, p. 233), such is not the character of the action as brought. The suit is not sustainable under the Civil Code, § 4471, providing that the bare right of possession of-land authorizes the recovery of damages for the withholding of the 'right, for two reasons: First, if, before…