Schrampfer v. Lindal Cedar Homes of Georgia, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Whitman, Judge.
1. “A building is a part of the realty by statute law of this State, and trover will not lie to recover such building before it has become personalty by being detached from the land.” Adams v. Chamberlin, 54 Ga. App. 459, 460 (188 SE 550). A bail trover action will not lie to recover a building, unless a wrongdoer has detached the building from the realty and has converted it to his own use. There are circumstances, however, where trover will lie to recover a building. In Kennedy v. Smith, 149 Ga. 61 (99 SE 27), it was held that an action for trover would lie to recover a…
2Cases cited4 opinions
- Woods v. McCallSupreme Court of Georgia · 1880
- Wofford Oil Co. v. Weems-Fuller Co.Supreme Court of Georgia · 1928
- Kennedy v. SmithSupreme Court of Georgia · 1919
- Adams v. ChamberlinCourt of Appeals of Georgia · 1936
3Cited by2 opinions
- Babson Credit Plan, Inc. v. Cordele Production Credit Ass'nCourt of Appeals of Georgia · 1978
- Hargrove v. JenkinsCourt of Appeals of Georgia · 1989