Nelson v. Brannon

1. The declarations of a defendant in ft. fa., made after the pendency of litigation, are inadmissible in the trial of a claim case (Civil Code of 1910, § 5776 (4)); but “declarations of the defendant in execution, made up to the time of the levy and while he was in possession, that he owned the property levied on, are admissible in evidence, if there is any evidence that he was in possession of the property at the time of the levy.” Smiley v. Padgett, 123 Ga. 39 (1), 40 (50 S. E. 927); Rutledge v. Hudson, 80 Ga. 267 (6), 271 (5 S. E. 93); Rountree v. Gaulden, 128 Ga. 737 (2), 741 (58 S. E.…