Rountree & Co. v. Gaulden
Supreme Court of Georgia
Levy and claim. Before Judge Mitchell. Brooks superior court. January 6, 1905. This was a claim case. The issue arose upon the levy of a fi. fa., in favor of Rountree & Company against William Jones and -M. J. Jones, on a certain tract of land as the property of William Jones, and the interposition of a claim by S. S. Gaulden.
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Levy and claim. Before Judge Mitchell. Brooks superior court. January 6, 1905. This was a claim case. The issue arose upon the levy of a fi. fa., in favor of Rountree & Company against William Jones and -M. J. Jones, on a certain tract of land as the property of William Jones, and the interposition of a claim by S. S. Gaulden. The plaintiff introduced in evidence the fi. fa., dated June 13, 1891, which was issued on ¿"judgment dated May 7, 1891, and proof that Jones died upon the land in controversy, having previously lived upon said land for 25 or 30 years. The fi. fa. had indorsed thereon…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1, Upon the trial of a claim case the burden of proof is upon the plaintiff in execution in all cases where the property levied on is, at the time of such levy, not in possession of the defendant in execution. Civil Code, §4624. Proof of possession of the land by the defendant in execution since the judgment casts the onus upon the claimant to prove his title. Brown v. Houser, 61 Ga. 629. When the plaintiff in .execution introduced in evidence the execution, with the levy endorsed thereon, and proof that W. M. Jones was in possession of the land levied on since the…
2Cases cited1 opinion
- Brown v. HouserSupreme Court of Georgia · 1878
3Cited by5 opinions
- Parsons v. GrantCourt of Appeals of Georgia · 1957
- Hill v. BalkcomSupreme Court of Georgia · 1957
- Lindsay v. . BrawleySupreme Court of North Carolina · 1946
- Parrott v. EdwardsCourt of Appeals of Georgia · 1966
- Gay v. Jenkins CountyCourt of Appeals of Georgia · 1937