Hobbs v. Houston

Grice, Justice.

1. If a plaintiff fails to make out a prima facie ease, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit will be granted. Code, § 110-310.

2. The petition being based on the theory that a conveyance absolute on its face, wherein the plaintiffs’ intestate was grantor, and one of the defendants the grantee, was in reality a mere security deed, and that the indebtedness had been paid, so as to reinvest the legal title in the plaintiffs’ intestate, the burden was in all events on the plaintiffs to make it…