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SMITH v. HARTRAMPF

39119.

105 Ga. App. 40 (1961)

123 S.E.2d 417

SMITH v. HARTRAMPF, Transferee.

Court of Appeals of Georgia.

Decided December 5, 1961.

Attorney(s) appearing for the Case

William B. Jones, for plaintiff in error.

Eugene S. Taylor, Curtis M. Cook, contra.

HALL, Judge.

Code § 39-904 provides: "Upon the trial of all claims . . . [to property levied on under an execution] the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is, at the time of such levy, not in possession of the defendant in execution." The execution, with the entry of the levying officer reciting that he levied on the property in possession of...

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