Todd v. Williamson

12 S.C.L. 148

Opinions

Mr. Justice Gantt

delivered the opinion of the Court.

I thought on the trial of this case, and am still of the yams opinion, that the burthen of the proof lay on the defendant, to shew that the judgment had been satisfied. A levy made may raise a presumption, and only so, that the execution has been satisfied by a subsequent sale of the goods levied on; and if such was the fact, the affirmation could be easily made to appear by the adduction of the testi ■ mony in support of it by the defendant hiihself. The entry * however of the levy, on the back of the execution, was ac • companied with a statement, which shewed that no further proceedings had taken place.

Maxcy, for the motion, ieoz/, contra.

After stating that the execution had been levied on a side-board, the constable making it, adds the following' words, a no further proceedings ; the property given up to defendant; as there were executions at the sheriff’s office binding the property, and notice of which was given me by the sheriff of Richland district.”

The motion for a new trial must fail.

Justices Colcock, Johnson and Richardson, concurred.