Legal Opinion

Coleman & Burden Co. v. Rice

Supreme Court of Georgia

Decided July 23, 1898PublishedCited by 28 opinions

Levy and claim. Before Judge Eelton. Bibb superior •court. November term, 1897. An execution from a judgment rendered Jan. 31, 1896, was levied on realty as the property of the defendant, Nancy M." Burgay, and a claim was interposed.

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Levy and claim. Before Judge Eelton. Bibb superior •court. November term, 1897. An execution from a judgment rendered Jan. 31, 1896, was levied on realty as the property of the defendant, Nancy M." Burgay, and a claim was interposed. The plaintiff introduced the execution with the entry of levy thereon, and an admission in writing, signed by counsel for the claimant, which stated that for the purposes of the trial it ivas admitted that “ N. M. Bur-gay, prior to-1886, acquired the real estate levied upon, by deed from the lawful owners of said property, and went' into possession thereunder.”…

1Opinion of the Court

Lewis, J".

When property is levied on by an execution and claimed by a third party, the statute imposes the burden of proof upon the plaintiff in fi. fa. in all cases where the property levied on is, at the time of such levy, not in the possession of the defendant in execution. Civil Code, § 4624. The law recognizes two ways in which the plaintiff may make out his case: .First, by showing possession in the defendant in fi. fa. since the judgment. This simply raises a presumption of title in the defendant, which, of course, can be rebutted by proof. Secondly, where no such possession is shown,…

2Cases cited5 opinions

  1. Butt v. MaddoxSupreme Court of Georgia · 1849
  2. Anderson v. BlytheSupreme Court of Georgia · 1875
  3. Watts v. StarrSupreme Court of Georgia · 1890
  4. Gunn v. JonesSupreme Court of Georgia · 1881
  5. Knowles v. JourdanSupreme Court of Georgia · 1878

3Cited by28 opinions

  1. Sears, Roebuck & Co. v. WilsonSupreme Court of Georgia · 1960
  2. Sears, Roebuck & Company v. WilsonSupreme Court of Georgia · 1960
  3. Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
  4. Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
  5. Roberts v. HillCourt of Appeals of Georgia · 1950

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