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Horne v. Sharpe

Horne v. Sharpe, 76 S.E. 166 (Ga. Ct. App. 1912)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 12, 1912
Docket
No. 4295
Judges
Hill
Citations
76 S.E. 16611 Ga. App. 7831912 Ga. App. LEXIS 176
Summary
Certiorari; from Berrien superior court — Judge Thomas. June .5, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

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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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Authorities cited 1

DepthCaseCited by
Copeland v. Lucas, 64 S.E. 113 (Ga. Ct. App. 1909) 3

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