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12.010 Claims; Burden of Proof; Generally
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Description
12.010 Claims; Burden of Proof; Generally When a claim to property is being tried, the burden of proof shall lie upon the plaintiff in execution in all cases in which the property levied on is not in possession of the defendant in execution at the time of the levy. O.C.G.A. §9-13-102 Sealy v. Beeland, 183 Ga. 709(1) (1937) Smith v. Hartrampf, 105 Ga. App. 40, 42 (1961) The burden is upon the claimant when a. the defendant in fi fa is in possession of the property levied upon, b. the claimant admits title in the defendant prior to the judgment, or c. there is evidence that the defendant was in possession prior to the judgment on which the execution is based. Parker v. Boyd, 208 Ga. 829 (1952) Sealy v. Beeland, 183 Ga. 709 (1937) M. J. Morgan v. Sims & Nance, 26 Ga. 283 (1858)
