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70.010 Trover; Conversion; When Proof Unnecessary
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Description
70.010 Trover; Conversion; When Proof Unnecessary Suits in trover are proceedings to recover possession of chattels (that is, personal or movable property). In such proceedings, it is not necessary to prove any conversion or demand and refusal by the defendant, if the defendant is in unlawful possession when the action is brought. O.C.G.A. §44-12-150 Farrar Lumber Co. v. Pickering, 22 Ga. App. 404(2) (1918); see notes on "demand" and "evidence of conversion" Connors v. Omni Insurance Co., 195 Ga. App. 607 (1990); cited to "general note on trover" following O.C.G.A. §44-12-171 When the defendant has come into possession of the property lawfully, there must be a demand and refusal. Wood v. Sanders, 87 Ga. App. 84, 86 (1952) Colonial Credit Co. v. Williams, 95 Ga. App. 76 (1957) McDaniel v. White, 140 Ga. App. 118 (1976) Connors v. Omni Insurance Co., 195 Ga. App. 607 (1990)
