Allen v. Clare

1. Where a claim was interposed to property levied on under an execution issued upon a judgment for costs rendered against the plaintiffs upon the dismissal of their petition, it was, in order to change the burden of proof from the plaintiffs in fi. fa. to the claimant, incumbent upon the former to show title in the defendant, or that subsequently to th'e rendition of the judgment he was in' possession of the property. Thompson v. American Mortgage Co., 107 Ga. 832 (33 S. E. 689).

(а) Accordingly, where upon the trial of a claim interposed by C. C. Allen to land levied upon under such an…