DeLong v. DeLong

Court of Appeals of Georgia

DeLong v. DeLong

215 S.E.2d 531, 134 Ga. App. 635, 1975 Ga. App. LEXIS 2110

CourtCourt of Appeals of Georgia

DecidedApril 24, 1975

Docket50340

StatusPublished

Cited by1 cases

This text of 215 S.E.2d 531 (DeLong v. DeLong) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeLong v. DeLong, 215 S.E.2d 531, 134 Ga. App. 635, 1975 Ga. App. LEXIS 2110 (Ga. Ct. App. 1975).

Pincite

Opinion

Bell, Chief Judge.

Plaintiff brought this suit in trover to recover three items of personalty from the defendant. She claimed title in her capacity as the administratrix of her husband’s estate. Defendant denied the claim of title. The case was tried by the court. A judgment for plaintiff was entered and defendant appeals. Held:

In a trover action the burden is on the plaintiff to prove title and the right of possession. Lynch v. Etheridge, 72 Ga. App. 712 (34 SE2d 670). Plaintiff failed to prove that she was the administratrix of her husband’s estate. Title to personalty owned by a decedent vests in the administrator. Code Ann. § 113-901. Absent proof of her appointment as the personal representative of the decedent, she could not recover in trover. Robinson v. McDonald, 2 Ga. 116, 120. Thus the evidence demands a judgment for defendant. It was error to deny defendant’s motion for involuntary dismissal made at the close of the plaintiffs case and to enter judgment for plaintiff. We reverse with direction to enter judgment for defendant.

Judgment reversed with direction.

Webb and Marshall, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Bell, Chief Judge.

Plaintiff brought this suit in trover to recover three items of personalty from the defendant. She claimed title in her capacity as the administratrix of her husband’s estate. Defendant denied the claim of title. The case was tried by the court. A judgment for plaintiff was entered and defendant appeals. Held:

In a trover action the burden is on the plaintiff to prove title and the right of possession. Lynch v. Etheridge, 72 Ga. App. 712 (34 SE2d 670). Plaintiff failed to prove that she was the administratrix of her husband’s estate. Title to personalty owned by a decedent vests in the administrator. Code Ann. § 113-901. Absent proof of her appointment as the personal representative of the decedent, she could not recover in trover. Robinson v. McDonald, 2 Ga. 116, 120. Thus the evidence demands a judgment for defendant. It was error to deny defendant’s motion for involuntary dismissal made at the close of the plaintiffs case and to enter judgment for plaintiff. We reverse with direction to enter judgment for defendant.

Judgment reversed with direction.

Webb and Marshall, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

215 S.E.2d 531, 134 Ga. App. 635, 1975 Ga. App. LEXIS 2110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delong-v-delong-gactapp-1975.

Opinion

Related

Cite This Page — Counsel Stack