Burlington Buggy Co. v. Usrey

(after stating the facts as above). If the burden was on appellant to prove that J. F. Usrey, the defendant in the execution, was the owner of the cotton at the time the constable levied on it, the trial court did not err when he instructed the jury as he did; for appellant neither made nor offered to make such proof. By the terms of the •statute the burden of proof was on appellant if the cotton when levied upon was in the possession of the minors on whose behalf appellee claimed it, and on appellee if it was in the possession of the defendant in the writ or any other person than said…