Legal Opinion

Harper v. Donalson

Court of Appeals of Georgia

Decided September 22, 1934No. 23789PublishedCited by 1 opinion

1Opinion of the CourtStephens, J.

1. As was held in Hinson v. Seaboard Air-Line Railway Co., 38 Ga. App. 516 (144 S. E. 384), “Notwithstanding the holder of the legal title to personalty may maintain an action in tort for damage to the property (L. & N. Railroad Co. v. Dickson, 158 Ga. 303, 123 S. E. 12), one who is not the holder of the legal title, but who is in legal possession of the property, having a special interest therein and holding an equitable title thereto as purchaser with part of the purchase-money unpaid, may maintain an action in tort to recover for the entire damage to the property, the amount recovered,…

2Cases cited5 opinions

  1. Louisville & Nashville Railroad v. DicksonSupreme Court of Georgia · 1924
  2. Emanuel County v. ThompsonCourt of Appeals of Georgia · 1907
  3. Mills v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1915
  4. Comer v. Rome Chevrolet Co.Court of Appeals of Georgia · 1930
  5. Hinson v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1928

3Cited by1 opinion

  1. Rentz v. Huckabee Auto Co.Court of Appeals of Georgia · 1936

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