Oatts v. Wilkins, Neely & Jones

1. Inasmuch as “the commencement of a claim case is not the levy, but the interposition of the claim,” no’one can' rightly claim property to which he confessedly has no title at the time of filing his claim; and this is true .though he could, at the time of the levy, have conscientiously made oath that the property belonged to him. It follows that one who had claimed personalty and who had taken possession thereof under a forthcoming bond could not, after selling the property, maintain a second claim thereto, the original claim having been withdrawn before the sale. Ruker v. Womack, 55 Ga.…