Home/Supreme Court of Georgia/Owens v. Outlaw

Owens v. Outlaw

30 S.E. 427, 105 Ga. 477, 1898 Ga. LEXIS 570
CourtSupreme Court of Georgia
DecidedApril 1, 1898
StatusPublished
Cited by13 cases

This text of 30 S.E. 427 (Owens v. Outlaw) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Outlaw, 30 S.E. 427, 105 Ga. 477, 1898 Ga. LEXIS 570 (Ga. 1898).

Opinion

Little, J.

A possessory warrant does not lie unless the defendant acquired possession of the property in dispute in one of the modes set forth in section 4799 of the Civil Code. Consequently, when upon the trial of such a warrant, it affirmatively appeared that the defendant had, without fraud, obtained possession by virtue of a contract with the plaintiff, and the only question in issue was whether or not, under the terms of such contract, it was the defendant’s right to longer retain possession, it was erroneous to render a judgment in the plaintiff’s favor. His remedy, in such a case, was an action of trover, with a requirement of hail, if necessary. Trotti v. Wyly & Greene, 77 Ga. 684.

Judgment affirmed.

All concurring, except Cobb, J., absent.

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

Related

Davis v. Logan
57 S.E.2d 568 (Supreme Court of Georgia, 1950)
Ellis v. Gisi
47 S.E.2d 825 (Court of Appeals of Georgia, 1948)
Stifel & Sons Inc. v. McCormick
1 S.E.2d 220 (Court of Appeals of Georgia, 1939)
Rollins v. Personal Finance Co.
175 S.E. 609 (Court of Appeals of Georgia, 1934)
Peacock v. American Plant Co.
175 S.E. 262 (Court of Appeals of Georgia, 1934)
Headrick Bros. v. Wheat
174 S.E. 545 (Court of Appeals of Georgia, 1934)
Hogan v. O'Dell
146 S.E. 43 (Court of Appeals of Georgia, 1928)
Wilburn v. Beasley
119 S.E. 537 (Court of Appeals of Georgia, 1923)
Pearson v. Abell
85 S.E. 935 (Court of Appeals of Georgia, 1915)
Copeland v. Lucas
64 S.E. 113 (Court of Appeals of Georgia, 1909)
Dew v. Smith
61 S.E. 232 (Supreme Court of Georgia, 1908)
Brown v. Todd
53 S.E. 678 (Supreme Court of Georgia, 1906)
Susong v. McKenna
48 S.E. 695 (Supreme Court of Georgia, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
30 S.E. 427, 105 Ga. 477, 1898 Ga. LEXIS 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-outlaw-ga-1898.