Sutton v. Bank of Oglethorpe

1. The rule that the burden of proving that one is a laborer lies upon the one asserting a laborer’s lien does not apply where a judgment foreclosing a laborer’s lien is collaterally attacked by a stranger.

2. Where two judgment creditors are contending for a fund upon a money *417rule against the levying officer, and the claim of one of the judgment creditors is based upon a judgment foreclosing a laborer’s lien, and where the former flies a traverse denying that the one who had asserted the laborer’s lien was a laborer, the burden of proof, if a traverse lies in such a proceeding, is upon the…