Exchange Bank v. Slocumb

Felton, Chief Judge.

The special grounds of the motion assign error on the court’s charges to the effect that the burden of proof was on the plaintiff in fi. fa. “In a claim case, where property in the possession of the claimant is levied on under a mortgage fi. fa., the burden is on the plaintiff in fi. fa. to prove his case. . . . However, where the plaintiff offers evidence tending to show that the property levied on was in the possession of the mortgagor at the time of the execution of the mortgage foreclosed, a prima facie case in favor of the plaintiff in fi. fa. is made, and the…