Robards v. Wolfe

Judge Underwood

delivered the Opinion of the Court..

This was an action of debt, upon an injunction bond, against several defendants. Issue was taken upon the plea. of non est factum filed by one of them. Upon the trial of this issue, the court instructed the jury, “ that the bond sued on, being official, its attestation was prima facie evidence of its due execution by the defendant George L. Robards.” The propriety of this instruction is the 1 J only question.

The general, if not invariable rule, is, that the plea of non est factum throws the onus on the party producing the deed. 3 Litt. Rep.…