Payne v. Green

(After stating the foregoing facts.) The first ground of the amended motion for a new trial contends that the trial judge erred in that he failed to charge the jury that there was any burden of proof on the protestant to prove that the line as claimed by her was the true line. The judge charged that the burden of proof was on the applicant, Mr. Payne; that the introduction in evidence of the return of the processioners and plat of the surveyor is sufficient to establish a prima facie case; that, when such case is established, the burden of proof then shifts to the protestant to show by a…