Greer v. Gullette

GARDNER, Justice.

This appeal involves but a single question of fact, that is, the payment vel non of a mortgage on real estate executed in 1924 by complainants to defendant and her husband, since deceased.

Appellant states the general rule as to the burden of proof resting upon the party alleging payment. 48 Corpus Juris 680. But here the obligor is in possession of the mortgage and notes, and produced them at the trial. The proof suffices to raise a rebuttable presumption that the indebtedness evidenced thereby has been paid. 48 Corpus Juris 687.

Many illustrative cases are found in the note…