Gresham v. O'Rear

Pannell, Judge.

1. In the trial of a claim case where the entry of the officer’s levy does not show who was in possession of the property levied on, the burden is on the plaintiff in fi. fa. Hicks v. Hicks, 193 Ga. 382 (1) (18 SE2d 763). See also Code § 39-904.

2. Evidence of declarations made by the defendant in fi. fa. in her pleadings and testimony in the main case as to her ownership of the property levied upon, it not appearing that at the time she was in possession of the property, have no probative value to prove title in her to the property levied upon. McSwain v. Estroff, 34 Ga. App.…