Georgia Court of Appeals, 1912

Horne v. Sharpe

Horne v. Sharpe
Georgia Court of Appeals · Decided November 12, 1912 · Hill
11 Ga. App. 783; 76 S.E. 166; 1912 Ga. App. LEXIS 176

Horne v. Sharpe

Opinion of the Court

Hill, C. J.

The evidence showing that the chattel, the basis of the possessory warrant, had recently been in the quiet, peaceable, and legally acquired possession of the person who sued out the warrant, and the evidence in favor of the defendant, who was found in possession of the chattel in question, being wholly insufficient to rebut tlie evidence establishing the right of the plaintiff to the possession of tlie chattel, a finding for the defendant was unauthorized; and the judge of the superior court erred in overruling the certiorari. Copeland v. Lucas, 6 Ga. App. 7 (64 S. E. 113). .Judgment reversed.

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