Securities Investment Company v. Johnson
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
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); Strickland v. Smith, 17 Ga. App. 505 (3) (87 S. E. 718).
2. The brief of evidence in the instant ease recites that '“it was agreed that defendant was in possession of the automobile truck on the date of the levy by the sheriff.” The…
2Cases cited2 opinions
- Strickland v. SmithCourt of Appeals of Georgia · 1916
- Melton v. Albany Fertilizer Co.Supreme Court of Georgia · 1901
3Cited by1 opinion
- United States Fidelity & Guaranty Co. v. JohnsonCourt of Appeals of Georgia · 1943