Long v. Matthews

*877ON REHEARING OF CASE NO. 10513

AYRES, Judge.

Primarily concerned on this rehearing is a question of the sufficiency of the evidence appertaining to certain alleged payments claimed as credits on the obligations herein sued upon. Ultimately, the ■question to he determined is whether or not defendants have established these payments by a reasonable preponderance of the evidence. Inasmuch as defendants have admitted the execution of the obligations sued upon and the receipt of the principal sums denominated therein the burden is upon them to establish to a legal certainty and by a clear…