Nation v. Jones

This was a claim ease, in which a judgment was Tendered against the claimant, in a justice’s court. It was appealed to a jury in the superior court. The plaintiff in fi. fa. had the execution in his favor levied upon a horse, as the ‘ property •of the defendant in execution. A claim to the horse was interposed by the wife of the defendant. The burden of proof was shifted from the plaintiff in. fi. fa. to the claimant, by the introduction of the execution, with the levy, and evidence that since the rendition of the judgment the horse levied upon had been in the possession of ’the defendant in…