Georgia Court of Appeals, 1920

Citizens Trust Co. v. Butler

Georgia Court of Appeals · Decided August 16, 1920 · Stephens

25 Ga. App. 623; 103 S.E. 852; 1920 Ga. App. LEXIS 108

Cases that cite this one

3 later published cases cite this decision.

FOURTH NATIONAL BANK &C. v. Howell (Ga. Ct. App. 1955)
Citizens Trust Co. v. Butler (Ga. 1921)
Citizens Trust Co. v. Butler (Ga. Ct. App. 1921)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stephens, J.

1. The attestation of a secretary of a corporation, in his capacity as a notary public, to a bill of sale in which the corporation is the vendee is not sufficient to admit the bill of sale to record. Barrow v. E. Tris Napier Co., 16 Ga. App. 309 (85 S. E. 267).

2. The bill of sale not having been properly admitted to record, and there being no proof otherwise of its execution, it was properly rejected when offered in evidence by the plaintiff in a suit in trover by the vendee to recover the property therein mentioned.

3. There being no evidence to establish the plaintiff’s title to the property sued for a nonsuit was properly granted.

Judgment affirmed.

Jenkins, P. J., and Smith, J., concur. Anderson, Cann, Cann & Walsh, for plaintiff. George H. Richter, for defendant.

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