Legal Opinion

Lawless v. Orr

Supreme Court of Georgia

Decided March 4, 1905PublishedCited by 9 opinions

Bail-trover. Before Judge Calhoun. City court of Atlanta. January 16, 1904.

1Opinion of the CourtCandlek, J.

1. The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title. McLennan v. Graham, 106 Ga. 211, and cases cited on page 214. It was therefore not error to refuse to give in charge to the jury a contention of one of the parties, at variance with the principle of law announced in the foregoing.

2. Newly discovered evidence which…

2Cases cited2 opinions

  1. Hardy v. StateSupreme Court of Georgia · 1903
  2. McLennan v. GrahamSupreme Court of Georgia · 1898

3Cited by9 opinions

  1. Seaboard Air-Line Railway Co. v. HollidaySupreme Court of Georgia · 1927
  2. Alliance Insurance v. WilliamsonCourt of Appeals of Georgia · 1927
  3. Continental Casualty Co. v. WhiteSupreme Court of Georgia · 1934
  4. Smith v. Spencer-Dowler Co.Court of Appeals of Georgia · 1919
  5. Campbell v. HutchesonCourt of Appeals of Georgia · 1918

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