Legal Opinion

Camp v. Horton

Supreme Court of Georgia

Decided January 15, 1909PublishedCited by 7 opinions

Trover. Before Judge Wright. -Floyd superior court. October 14, 1907. On December 2, 1905, W. J. Camp brought his action of trover against W. N. Horton to recover certain logs described as follows: “900 saw-logs, consisting of pine logs with a fe-w oak, being about 10 to 16 féet in length, 8 inches to 3 feet in diameter, said logs located on the land of H. P. Waters on the left-hand side of the wagon road leading from the. Dalton road to the Hight farm,whereon Alex.

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Trover. Before Judge Wright. -Floyd superior court. October 14, 1907. On December 2, 1905, W. J. Camp brought his action of trover against W. N. Horton to recover certain logs described as follows: “900 saw-logs, consisting of pine logs with a fe-w oak, being about 10 to 16 féet in length, 8 inches to 3 feet in diameter, said logs located on the land of H. P. Waters on the left-hand side of the wagon road leading from the. Dalton road to the Hight farm,whereon Alex. Jones now resides, in Floyd county, Ga.” The alleged value was $350. The' defendant was alleged to be in the possession of the…

1Opinion of the CourtAtkinson, J.

The evidence sufficiently sustained' the allegations, as to the number, description, and value of the logs, to authorize a submission of the case to the jury. There was no demurrer to the sufficiency of the description in the petition. If the plaintiff was entitled to the logs, and the defendant converted them, taking possession without the plaintiff’s permission, no demand was necessary before bringing an action of trover. If timber is unlawfully cut from land and carried away and converted by a person not entitled thereto, trover is a proper action to recover it, if the plaintiff‘is one…

2Cases cited9 opinions

  1. McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
  2. Morgan v. PerkinsSupreme Court of Georgia · 1894
  3. Johnson v. TruittSupreme Court of Georgia · 1905
  4. North Georgia Co. v. BebeeSupreme Court of Georgia · 1907
  5. Baxter & Co. v. MattoxSupreme Court of Georgia · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Massee & Felton Lumber Co. v. Macon Cooperage Co.Court of Appeals of Georgia · 1932
  2. SMALLEY v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  3. Adams v. ChamberlinCourt of Appeals of Georgia · 1936
  4. Butler Naval Stores Co. v. GlassSupreme Court of Georgia · 1938
  5. Chavers v. Kent Diversified Products, Inc.Court of Appeals of Georgia · 1989

2 more not listed; retrieve them via the Exa API.

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