Yet, the court is convinced that Mr. Dunning's conduct does not give rise even to an issue of fact regarding consent. This conclusion is bolstered by the holding of the Georgia Court of Appeals in the case of Reese v. Bice, 87 Ga. App. 519, 521, 74 S.E.2d 476 (1953). In that case a constable "served" a mortgage upon the plaintiff and repossessed his truck without authority.

Henry v. Roberts, 140 Ga. 477 ( 79 S.E. 115); Box v. Atlantic B. R. Co., 120 Ga. 1050 ( 48 S.E. 427)." Reese v. Bice, 87 Ga. App. 519, 521 ( 74 S.E.2d 476). "Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit." Clark v. Bandy, 196 Ga. 546 ( 27 S.E.2d 17).