Hicks v. Hicks

Jenkins, Presiding Justice.

On a former writ of error in this case, involving a claim to land by devisees under the will of the first wife of a decedent, after levy of a fi. fa. for year’s support in favor of his second wife, the judgment for the claimants at the first trial was reversed. Hicks v. Hicks, supra. It was held by this court that “where the entry of the officer’s levy does not show who was in possession of the land levied on, the burden is on the plaintiff in fi. fa.;” but where “it is made to appear from the evidence that the husband claimed the property as his own, was in…