Alexander v. Dean

1. Where a petition alleges ownership of property in the plaintiff, a conversion of it by the defendant, or, as here, by a decedent whose representatives are the defendants, and a measure of damages peculiarly appropriate to a trover case, the case will be construed as an action of trover. In such an action the plaintiff may elect in his complaint to take a money verdit in lieu of the property. Milltown Lumber Co. v. Carter, 5 Ga. App. 344 (2 b), 348 (63 S. E. 270).

2. In the instant case the action was against executors, for a conversion by the testator, who had disposed of the property by…