Ward v. Capital Automobile Co.

1. “Fraud” which, under the Code, § 82-101, authorizes the issuance of a possessory warrant to recover a personal chattel which has been taken, enticed, or carried away by fraud from the possession of the party complaining, is only that fraud by which the mere possession of the property is acquired, and is not fraud inhering in the procure*538ment of the contract tinder which the possession of the property was acquired. Jackson v. Sparks, 36 Ga. 445; Amos v. Dougherty, 65 Ga. 612; Welborn v. Shirly, 65 Ga. 695.

Decided June 18, 1936. J. D. Tindall, G. N. Davie, J. F. Kemp, for plaintiff in error.…