Clarke Bros. v. McNatt
Supreme Court of Georgia
Trover. ' Before Judge Seabrook. McIntosh superior court. February 7, 1908. James MeNatt brought an action of bail-trover against Clarke Brothers, seeking to recover two rafts of timber. The defendants denied the plaintiff’s title to the property, and contended that it belonged to them. MeNatt was the owner of certain timbered lands.
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Trover. ' Before Judge Seabrook. McIntosh superior court. February 7, 1908. James MeNatt brought an action of bail-trover against Clarke Brothers, seeking to recover two rafts of timber. The defendants denied the plaintiff’s title to the property, and contended that it belonged to them. MeNatt was the owner of certain timbered lands. T. P. McBride and W. D. Petersen executed and delivered to him thé following written contract, which was recorded: “State of Georgia, Montgomery County. This indenture and contract of lease made and entered into this the 22nd day of January, 1903, between James…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Objection was made to the admission of the contract in evidence, on the ground that it was not signed by McNatt. Section 2776 of the Civil Code, on the subject of conditional sales, declares that “every such conditional sale, in order for the reservation of title to be .valid as against third parties, shall be evidenced in writing, and not otherwise. And the written contract of every such conditional sale shall be executed and attested in the same manner .as mortgages on personal property.” It is not required that the vendor as well as the vendee shall…
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