Delaney v. Sheehan
Supreme Court of Georgia
Interventions. Before Judge Hammond. Iiiehmond superior court. November'21, 1910. February 11, 1911. James Delaney brought an action of trover against the Thomas & Barton Company, to recover a piano. Affidavit was made to require bail, and the sheriff seized the property. The defendant answered, denying all the allegations of the petition, and also pleaded that it had delivered the piano to the deputy sheriff and, on his order, to the plaintiff.
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Interventions. Before Judge Hammond. Iiiehmond superior court. November'21, 1910. February 11, 1911. James Delaney brought an action of trover against the Thomas & Barton Company, to recover a piano. Affidavit was made to require bail, and the sheriff seized the property. The defendant answered, denying all the allegations of the petition, and also pleaded that it had delivered the piano to the deputy sheriff and, on his order, to the plaintiff. James Delaney died, and Mamie Delanejq his widow and sole heir, was by consent made the party plaintiff in his stead. Edward Sheehan filed an…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The action to recover personal property, which goes by the name of trover in this State, is statutory, and can be employed when replevin, detinue, or trover lay at common-law. Where title is claimed, it must be legal, not equitable title. Mitchell v. Georgia & Ala. Ry., 111 Ga. 760, 771 (36 S. E. 971, 51 L. R. A. 622). In that case there was a dissent, but it was not so much as to the rule as in regard to its application, the dissenting Justice holding that the prior possession with claim of interest there shown constituted such a title as the plaintiff…
2Cases cited2 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Central Bank v. Georgia Grocery Co.Supreme Court of Georgia · 1904
3Cited by26 opinions
- Moore v. RobinsonSupreme Court of Georgia · 1949
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Allstate Insurance v. HillSupreme Court of Georgia · 1962
- State Farm Mutual Automobile Insurance v. BrownCourt of Appeals of Georgia · 1966
- State Farm Mutual Automobile Insurance v. JilesCourt of Appeals of Georgia · 1967
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