Legal Opinion

Wilburn v. Beasley

Court of Appeals of Georgia

Decided October 12, 1923No. 14624PublishedCited by 4 opinions

1Opinion of the CourtBell, J.

A possessory warrant is not the proper means for the recovery of personal property, unless the .property was taken from the possession of the complaining party “by fraud, violence, seduction or other means,” or unless it, having disappeared without his consent, has been received or taken possession of, without lawful warrant or authority, by the per*108son against whom the warrant issues. In order to maintain the proceeding it must be shown that the property was taken without the complaining party’s consent. Lotz v. Walker, 13 Ga. App. 329 (1) (2) (79 S. E. 169); Pearson v. Abell, 16 Ga. App. 634…

2Cases cited12 opinions

  1. Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
  2. Hillyer v. BrogdenSupreme Court of Georgia · 1880
  3. Meredith v. Knott & HollingsworthSupreme Court of Georgia · 1865
  4. Sheriff v. ThompsonSupreme Court of Georgia · 1902
  5. Owens v. OutlawSupreme Court of Georgia · 1898

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

3Cited by4 opinions

  1. Davis v. LoganSupreme Court of Georgia · 1950
  2. Stifel & Sons Inc. v. McCormickCourt of Appeals of Georgia · 1939
  3. Morgan v. Community Loan Investment CompanySupreme Court of Georgia · 1943
  4. Bracewell v. MooreCourt of Appeals of Georgia · 1930

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