Spillman v. Swango

Response by

Judge Cofer:

Counsel is mistaken when he says the recitals of the deed from' Gregory to appellants imports a valuable consideration paid for the land, and the onus was on the appellees to rebut the presumption raised by the recitals. This is true as between the parties to the deed, and is also true as to strangers when the deed is prior in date to the equity asserted against it, but is not true when the equity existed prior to the date of the deed:

A plea that the defendant is an innocent purchaser is in the nature of a confession and avoidance, in which the burden is always on the…