McWilliams v. Hemingway

(After stating the foregoing facts.) 1. Code § 107-106 states as follows: “An alternative verdict in an action of trover so far vests the title to the property sued for in the plaintiff, that, until the judgment is paid by the defendant, such judgment shall have the first lien on the property sued for, to the exclusion of all other claims whatsoever.” It is apparent that a judgment in trover vests the title absolutely in the plaintiff, so far as the property itself is concerned, and that, where a money judgment is elected, this judgment would become a special lien upon the property sued for,…