Legal Opinion

Jackson v. General Motors Acceptance Corp.

Court of Appeals of Georgia

Decided June 5, 1961No. 38711PublishedCited by 2 opinions

1Opinion of the Court

Jordan, Judge.

To recover in a trover action, the plaintiff must first show either title or the right of possession (Underwood v. Underwood, 43 Ga. App. 643 (6), 645, 159 S. E. 725; Carter v. Hornsby, 68 Ga. App. 424, 428, 23 S. E. 2d 95); and where the plaintiff bases his trover suit on his claim of title to the property, the issue for determination is that of title (Little v. Lawrence, 56 Ga. App. 524 (1), 193 S. E. 181); and the burden *867of proof of showing his title as against the defendant is on the plaintiff. Anderson v. Reese, 85 Ga. App. 437 (69 S. E. 2d 656); Powell v. Riddick, 89 Ga.…

2Cases cited17 opinions

  1. Carter v. BuchannonSupreme Court of Georgia · 1847
  2. Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
  3. North v. GoebelSupreme Court of Georgia · 1912
  4. Fuller v. FullerSupreme Court of Georgia · 1957
  5. Ayares Small Loan Co. Inc. v. MastonCourt of Appeals of Georgia · 1949

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3Cited by2 opinions

  1. CHARLES S. MARTIN DISTRIBUTING COMPANY, INC. v. BanksCourt of Appeals of Georgia · 1965
  2. Charles S. Martin Distributing Co. v. BanksCourt of Appeals of Georgia · 1965

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