Chalker v. Beasley

(After stating the foregoing facts.) The rule is, in passing on a motion for a nonsuit, that the evidence should be construed most favorably to the plaintiff; and if, when so construed a prima facie case 'is made out, a nonsuit should not be granted. Eubanks v. Mullis, 51 Ga. App. 728 (181 S. E. 604); Henry v. Roberts, 140 Ga. 477 (79 S. E. 115).

This is a trover suit for the recovery of a described house after it was detached from the realty. It was held in Kennedy v. Smith, 149 Ga. 61 (99 S. E. 27), that such an action will lie. The non-suit was granted on the motion, “That the description…