Abney v. M. B. Thomas Auto Sales Co.

1. “The issue in an action of trover is ordinarily one of title, and the gist of the action is conversion, that is to say, that the defendant has wrongfully deprived the plaintiff of possession. Where such a state of facts exist trover will lie.” Tidwell v. Bush, 59 Ga. App. 471, 472 (1 S. E. 2d 457), and citations.

2. A petition strictly following the statutory, or “Jack Jones”, form in an action of trover is not subject to general or special demurrer. Breen v. Barfield, 80 Ga. App. 615 (56 S. E. 2d 791), and citations.

3. Where, however, such a petition in statutory form is made ambiguous by…