Krasner v. Croswell

The levy, which appears in the brief of evidence, was so inaccurate as to fail completely to show that the defendant in fi. fa. was in possession of the property at the time of the levy, or, in fact, upon whose property the levy was made. Under such circumstances the burden of proof would ordinarily have been upon the plaintiff in fi. fa. to establish ownership of the property in the defendant in fi. fa. (Singer Sewing Machine Co. v. Crawford, 34 Ga. App. 719, 131 S. E. 103), unless the claimant admitted a prima facie case in behalf of the plaintiff in fi. fa. (Jarrard v. Mobley, 170 Ga. 847,…