Bacon v. Hinesville Bank

1. Where an execution is levied upon personalty, and the property is claimed by a third person, the execution, with the entry of the officer, and the claim, form the pleadings, and it is not necessary for the plaintiff, on the trial of the right of property, to introduce the execution in evidence. Civil Code (1910), § 5167; Nelson v. Brannon, 32 Ga. App. 455 (123 S. E. 735).

*423Decided July 13, 1928.

2. “In the trial of a claim case, 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, ate admissible in…