dissenting. I do not consider that a demand by the plaintiff for the “stuff” and the “clothes and things” in his automobile constituted a demand for a diamond ring left in the glove compartment of the car, since a diamond ring is not ordinarily referred to as “stuff” or “things,” is not an article one would expect to find in such a location, and the demand as made would not put the defendant on notice that it had possession of the article or was charged with such possession. The issue is therefore whether under these circumstances the plaintiff needed to make a demand as a condition precedent to bringing the trover action. The automobile as well as all the contents therein came lawfully into the defendant’s possession by reason of a clause in the conditional-sale contract to the effect that the defendant might under the circumstances repossess the vehicle and “take possession of any property therein at the time.” The reason for the necessity of a demand in this case is that, in the *745absence of a demand, there is no evidence of conversion. Conversion is the gist of trover. Southern Express Co. v. Sinclair, 130 Ga. 372 (60 S. E. 849). Conversion must be shown to support a recovery. Raines v. Graham, 85 Ga. App. 815 (70 S. E. 2d 125). A demand and refusal to deliver constitutes evidence of conversion. Sizemore v. Beeler, 94 Ga. App. 414, 419 (94 S. E. 2d 773). And while conversion need not otherwise be shown where the defendant is in possession when the action is brought (Code § 107-101) and, admitting possession, sets up a title adverse to the plaintiff (Collins v. Hilton, 27 Ga. App. 439 (1), 108 S. E. 824; Wilcox v. Citizens Banking Co., 31 Ga. App. 202, 120 S. E. 433), yet “there must be proof either of possession or of conversion.” Allen v. Fader, 17 Ga. App. 290, 292 (86 S. E. 643). As stated in Sappington v. Rimes, 21 Ga. App. 810 (1) (95 S. E. 316) demand and refusal are necessary to’ the maintenance of an action in trover where the property came into the defendant’s hands lawfully, unless it otherwise affirmatively appears that there was an actual conversion prior to* the bringing of a suit. To the same effect see Whelchel v. Roark, 31 Ga. App. 75, 79 (119 S. E. 451); Colonial Credit Co. v. Williams, 95 Ga. App. 76 (1) (97 S. E. 2d 197); Wood v. Sanders, 87 Ga. App. 84, 86 (73 S. E. 2d 55); Loveless v. Fowler, 79 Ga. 134 (3) (4 S. E. 103, 11 Am. St. It. 407); Baston v. Rabun, 115 Ga. 378 (1) (41 S. E. 568). Under the defendant’s testimony in this case, the property involved has never come into its possession at all. Under the plaintiff’s testimony it came into the defendant’s hands in a lawful manner. The defendant has never claimed the property nor any interest therein adverse to the plaintiff. It was never put on notice that it was even charged with possession of this ring until long after the suit was filed; there was no demand and refusal to deliver, and no other evidence of conversion. Accordingly, it is my opinion that the judgment in this case, in so far as it includes the monetary value of the ring allegedly left in the automobile, is unsupported by evidence.'
I am authorized to say that Felton, C.J., joins in this dissent.