Stephens v. Southern Cotton Oil Co.

1. On the trial of a claim to land levied upon under a common-law execution, the plaintiff in fi. fa. may shift the burden of proof to the defendant by evidence that subsequently to the rendition of the judgment, and at the time of the levy, the defendant was in possession of the property. Thompson v. American Mortgage Co., 107 Ga. 832 (33 S. E. 689) ; Allen v. Clare 136 Ga. 550 (71 S. E. 896).

2. Possession retained by the vendor after an absolute sale of real property is prima facie evidence of fraud, which may be explained. Fleming v. Townsend, 6 Ga. 103 (50 Am. D. 318).

*411No. 398. November…