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Walden v. Jones

Plaintiff's complaint for recovery of personalty and damages for conversion which accrued in 1991 was untimely filed in 2000, well outside of the 4-year limitation period.

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Appellant-plaintiff Phil Walden, Sr. filed a declaratory judgment action against appellee-defendant Dr. J. Gregory Jones asking that certain personal property in the nature of music industry memorabilia1 “memorabilia” be declared his; that such memorabilia be awarded to him; that in the interim he be granted temporary and permanent injunctions barring Jones from selling or marketing the memorabilia; and that he also be awarded damages for conversion. Walden appeals2 from the superior court’s denial of his motion for permanent injunction and the entry of a final order awarding the memorabilia to Jones upon Jones’ adverse possession defense. We affirm.

Pertinently, the record shows that Walden operated his recording studio, Capricorn Records, out of a Macon area building which he had owned since 1959. In 1986, after deciding to move Capricorn to Nashville, Tennessee, Walden sold the building to Robert Lewis, a high school friend. Walden asked if he could store the property in the building until he could establish himself in Nashville. Lewis agreed.

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