Gatlin v. Matthews & Co.
Court of Appeals of Georgia
Trover; from municipal court of Atlanta. October 20, 1914. The petition alleges: (2) that the defendant, W. T. Gatlin, is in possession of the following described property, to wit: “one 860 iron bed, one G. 0. dresser, one G. O. stand, one C. table, 4 chairs, one F. A. rocker, one M. spring, L. C. mattress;” (3) that said property is the property of petitioners, being the same property sold by them to Lavonia Eeynolds under title-retaining contract recorded in the clerk’s…
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Trover; from municipal court of Atlanta. October 20, 1914. The petition alleges: (2) that the defendant, W. T. Gatlin, is in possession of the following described property, to wit: “one 860 iron bed, one G. 0. dresser, one G. O. stand, one C. table, 4 chairs, one F. A. rocker, one M. spring, L. C. mattress;” (3) that said property is the property of petitioners, being the same property sold by them to Lavonia Eeynolds under title-retaining contract recorded in the clerk’s office of .the superior court of Fulton county, Georgia, on February 10th, 1914, in Deed Book 186, folio 137; and (4) that…
1Opinion of the CourtWade, J.
1. “In providing that a mortgage or a conditional bill of sale shall specify the property on which it is to take effect, the law does not require such a description as will serve to identify the property without the aid of parol evidence.” Thomas Furniture Co. v. T. & C. Co., 120 Ga. 879 (48 S. E. 333). Measured by this rule, the description of the property sued for was sufficient, inasmuch as the purpose of an action of trover is not so much to recover the specific chattels as to recover damages as for a conversion, 'and the same particularity of description is not essential to the…
2Cases cited8 opinions
- A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
- McElhannon v. Farmers Alliance Warehouse & Commission Co.Supreme Court of Georgia · 1895
- Beaty v. SearsSupreme Court of Georgia · 1909
- Reeves v. Allgood & Co.Supreme Court of Georgia · 1910
- Macon & Western Railroad v. Meador Bros.Supreme Court of Georgia · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commercial Bank v. PharrCourt of Appeals of Georgia · 1947
- Watson v. TOMPKINS CHEVROLET COMPANYCourt of Appeals of Georgia · 1951
- Adkins v. SalmonCourt of Appeals of Georgia · 1924
- Pitts & Son Co. v. Bank of ShilohCourt of Appeals of Georgia · 1917
- Jones & Damren Auto Co. v. LottCourt of Appeals of Georgia · 1916
6 more not listed; retrieve them via the Exa API.