Gatch v. Gilbert

Court of Appeals of Georgia

Gatch v. Gilbert

158 S.E.2d 259, 116 Ga. App. 594, 1967 Ga. App. LEXIS 901

CourtCourt of Appeals of Georgia

DecidedNovember 6, 1967

Docket43139

StatusPublished

Cited by1 cases

This text of 158 S.E.2d 259 (Gatch v. Gilbert) 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

Gatch v. Gilbert, 158 S.E.2d 259, 116 Ga. App. 594, 1967 Ga. App. LEXIS 901 (Ga. Ct. App. 1967).

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Opinion

Quillian, Judge.

The only question raised by the enumeration of errors was whether the grant of the nonsuit was error. The plaintiff’s evidence affirmatively showed that the retention of title contract was marked “paid” and the lien released by the bank prior to the marshal’s sale. Therefore, the plaintiff failed to produce prima facie evidence to support the material averment essential to his recovery that there was a superior encumbrance outstanding at the time of the marshal’s sale. Hence, the plaintiff did not prove the case as laid and the trial judge did not err in sustaining the motion for a nonsuit. Conner v. Bowdoin, 85 Ga. App. 231 (68 SE2d 619); Whitley v. Coleman, 207 Ga. 685 (4) (64 SE2d 67).

Judgment affirmed.

Jordan, P. J., and Deen, J., concur.

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Quillian, Judge.

The only question raised by the enumeration of errors was whether the grant of the nonsuit was error. The plaintiff’s evidence affirmatively showed that the retention of title contract was marked “paid” and the lien released by the bank prior to the marshal’s sale. Therefore, the plaintiff failed to produce prima facie evidence to support the material averment essential to his recovery that there was a superior encumbrance outstanding at the time of the marshal’s sale. Hence, the plaintiff did not prove the case as laid and the trial judge did not err in sustaining the motion for a nonsuit. Conner v. Bowdoin, 85 Ga. App. 231 (68 SE2d 619); Whitley v. Coleman, 207 Ga. 685 (4) (64 SE2d 67).

Judgment affirmed.

Jordan, P. J., and Deen, J., concur.

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Bluebook (online)

158 S.E.2d 259, 116 Ga. App. 594, 1967 Ga. App. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gatch-v-gilbert-gactapp-1967.

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