HORNE v. PHILLIPS

35808.

92 Ga. App. 651 (1955)

89 S.E.2d 682

HORNE et al. v. PHILLIPS.

Court of Appeals of Georgia.

Decided September 30, 1955.


Attorney(s) appearing for the Case

Troy G. Morrow, for plaintiff in error.

Jared J. Bull, contra.


GARDNER, P. J.

1. The first proposition of law is that the property levied upon was found in the possession of H. W. Horne, Sr. This being true, the burden of proof was on the plaintiffs to prove that the property levied upon was not subject to fi. fa. We call attention to Crawford v. Kimbrough, 76 Ga. 299. See also Smith v. Wellborn, 75 Ga. 799.

2. The evidence, under all the facts and circumstances of this case, did not demand...

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