People's National Bank v. Harper

1. In a claim case, the admission by the claimant that the defendant in attachment was in possession at the time of the levy places the burden of proof upon the claimant, and entitles him to the opening and conclusion. Powell v. Westmoreland, 60 Ga. 576, and cases cited; Lamkin v. Clary, 103 Ga. 631.

2. While, in such a case, the claimant may not controvert his admission of possession on the part of such defendant, it is not only permissible, but it is incumbent upon him to explain that possession, in order to show that it is consistent with his own claim of title. Richardson v. Subers, 82 Ga.…