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GRESHAM v. O'REAR

40714.

109 Ga. App. 711 (1964)

137 S.E.2d 395

GRESHAM v. O'REAR.

Court of Appeals of Georgia.

Decided May 12, 1964.

Attorney(s) appearing for the Case

Franklin B. Anderson, for plaintiff in error.

Reeves & Collier, Rex T. Reeves, contra.

PANNELL, Judge.

1. In the trial of a claim case where the entry of the officer's levy does not show who was in possession of the property levied on, the burden is on the plaintiff in fi. fa. Hicks v. Hicks, 193 Ga. 382 (1) (18 S.E.2d 763). See also Code § 39-904.

2. Evidence of declarations made by the defendant in fi. fa. in her pleadings and testimony in the main case as to her ownership of the property levied upon, it not appearing that...

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