WHITLOCK v. MICHAEL

16992.

206 Ga. 749 (1950)

58 S.E.2d 833

WHITLOCK et al., executors, v. MICHAEL.

Supreme Court of Georgia.

April 10, 1950.


Attorney(s) appearing for the Case

Allison & Pittard and John C. Houston, for plaintiffs.

Joseph D. Quillian and A. G. Liles, for defendant.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) The original entry of levy did not disclose in whose possession the property was found at the time of the levy, and therefore, under Code § 39-904, the burden of proof was upon the plaintiff in execution, and not upon the claimant. Singer Sewing Machine Co. v. Crawford, 34 Ga.App. 719 (3) (131 S. E. 103).

The amendment to the levy, which, by consent of counsel, was sought...

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