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94 Ga. App. 504

95 S.E.2d 25

Nations v. Lassiter

Court of Appeals of Georgia

Decided October 23, 1956

Court of Appeals of Georgia · decided 1956-10-23

Relies on Capital Automobile Co. v. Ward · Alexander Hamilton Institute v. Van Landingham · Patterson Co. v. Peoples Loan & Savings Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1956-10-23

How this case has been cited

Cited by 5 later decisions — most recently October 2002

5 state decisions

30195619601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Qtjillian, J.

¶1 1. Where the defendant in a trover case makes a solemn admission in his pleadings that he is in possession of the chattel for the recovery of which the action is instituted, he will not be permitted to disprove such admission without first withdrawing it by appropriate amendment. Clift & Goodrich, Inc. v. Mincey Mfg. Co., 41 Ga. App. 38 (152 S. E. 136); Alexander Hamilton Institute v. Van Landingham, 44 Ga. App. 606 (162 S. E. 304). Where a fact alleged in the petition is admitted in the answer, it needs no proof. Moss v. Youngblood, 187 Ga. 188 (2) (200 S. E. 689). Where possession of an automobile which the plaintiff seeks to recover in a trover action is alleged by the petition to be in the defendant and such averment is admitted in the answer, there is no issue as to whether the defendant is in possession of the automobile.

¶2 2. The true owner of personal property may lose title thereto to an innocent purchaser for value' without notice by giving to a third party such external indicia of title as, according to the custom or trade, usually accompanies the authority to dispose of the property. Patterson Co. v. Peoples Loan &c. Co., 158 Ga. 503 (4) (123 S. E. 704); Capital Automobile Co. v. Ward, 54 Ga. App. 873 (189 S. E. 713). There was no evidence in this case that the owner or his agent gave any person such indicia of title. The trial judge did not err in directing a verdict for the plaintiff.

¶3 Judgment affirmed.

Felton, C. J., and Nichols, J., concur. *505 Mitchell & Mitchell, Erwin Mitchell, Pittman, Kinney & Pope, H. E. Kinney, for plaintiff in error. James C. Holcombe, contra.
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