Sasser v. Byrd

This was a claim case in which the court directed a verdict for the claimant, because the plaintiff in fi. fa. failed to make out a prima facie case. This judgment is here on exceptions made by the plaintiff in fi. fa. After introducing the fi. fa., with the entry of levy thereon, the plaintiff in fi. fa. proved that the goods levied upon were in the possession of the defendant in fi. fa. “just a while before the levy,” and he was exercising ownership over them. We think this proof was sufficient to shift the burden. Where, at the time of the levy, the property levied upon is not in the…