Pefinis v. Geller

Carlisle, Judge.

1. “When in the trial of a claim case the claimant admits the possession of the property by the defendant in fi. fa. at the time of the levy, he assumes the burden of showing that the title is in him and that it was not in the defendant at any time from the date of the judgment to the date of the levy.” Melton v. Albany Fertilizer Co., 113 Ga. 603 (38 S. E. 958).

2. In such a case the evidence must clearly overcome the prima facie case admitted and must show not only that' title to the property claimed was in the claimant or one under whom he holds prior to the date of the…