Court of Appeals of Georgia July 14, 1925, 16445 (McSwain v. Estroff)

Luke, J.

Defendant in execution was not in possession of the four bales of cotton levied on, at the time of the levy, and the plaintiff assumed the burden of proof. In its final analysis, the verdict *184finding the property subject to the fi. fa. rested solely upon the testimony of a witness that the defendant in execution told him that the cotton in question was hers.