Newsome Lumber Co. v. Ramsey Motor Co.

This being an ordinary claim case, and the evidence demanding a finding that possession of the property levied on was not in the defendant in execution at the time of the levy, the burden was upon the plaintiff in execution to show either title in the defendant in execution or possession in the defendant since the date upon which the debt on which the execution was founded became a lien on the property. Knowles v. Jourdan, 61 Ga. 300 (1); Southern Mining Co. v. Brown, 107 Ga. 264 (2) (33 S. E. 73). The plaintiff in execution failed to carry this burden, and, therefore, the verdict in its…