Bull v. Johnson

The burden of proof is on the plaintiff in execution in claim cases. Where it appears that the property levied on was, at the time of the levy, not in possession of the defendant in fi. fa., as shown by the entry of levy on the execution, the plaintiff must carry the burden of showing either that title was in the defendant in execution or possession in him since the date on which the judgment became a lien. Singer Sewing Machine Co. v. Crawford, 34 Ga. App. 719 (131 S. E. 103); Newsome Lumber Co. v. Ramsey Motor Cor., 36 Ga. App. 194 (136 S. E. 166); Thompson v. Thompson, 31 Ga. App. 340 (121…