Everroad v. Dickson Planing Mill Co.
Court of Appeals of Georgia
Trover; from Fulton superior court — Judge George L. Bell. January 6, 1920. The Dickson Planing Mill Company shipped a carload of lumber to the Pbcenix Planing Mill Company on or about October 3, 1917. The latter company went into bankruptcy on October 25, 1917. The other company, by proper proceedings in the bankruptcy court, set aside the sale of the lumber to the bankrupt, on account of fraudulent representations by the bankrupt, and secured an adjudication…
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Trover; from Fulton superior court — Judge George L. Bell. January 6, 1920. The Dickson Planing Mill Company shipped a carload of lumber to the Pbcenix Planing Mill Company on or about October 3, 1917. The latter company went into bankruptcy on October 25, 1917. The other company, by proper proceedings in the bankruptcy court, set aside the sale of the lumber to the bankrupt, on account of fraudulent representations by the bankrupt, and secured an adjudication re-establishing in the plaintiff the title to the lumber. In the meantime one G. B. Everroad secured possession of the lumber, under…
1Opinion of the CourtStephens, J.
1. A plaintiff in trover must recover on his own title and not on a lack of title in the defendant. Where it appears that the title was originally in the plaintiff and would have continued in him but for a sale by him to one from whom the defendant claims title, the plaintiff may, in establishing his own title, show an adjudication voiding the sale and re-establishing his title, had in a proceeding between him as an intervening claimant and his vendee in a bankruptcy proceeding, which had been instituted against the vendee, which intervention was filed and adjudication had after the defendant…
2Cases cited1 opinion
- Wheeler & Wilson Manufacturing Co. v. Irish American Dime Savings BankSupreme Court of Georgia · 1898
3Cited by4 opinions
- Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
- Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Dunlap-Huckabee Auto Co. v. Central Georgia Automotive Co.Court of Appeals of Georgia · 1924