Dunn v. Hart

Citations

• 120 Miss. 132
• 81 So. 795

Syllabus

<p>Landlord and Tenant. Attachment for rent. Claim of property. Burden of proof.</p> <p>In an attachment for rent by a landlord, where a claimant files an affidavit of ownership of the attached property under Code 1906, sections 2868-2869 (Hemingway’s Code, section 2366-2367). The burden is upon such claimant to prove his ownership of the. property involved, but having proven ownership, the claimant makes out prima-facie case, and the burden then shifts to the landlord to prove that, notwithstanding the fact that the property was owned by the claimant, when he acquired it, it was and still is subject to a lien for rent in his, the landlord’s favor. • . i</p>