Richers v. Helmcamp

Opinion by

Ector, P. J.

§ 682. Alteration of a note; qualified plea of non est factum; burden of proof. It was not necessary for the plaintiff to allege in his petition for certiorari that the notes sued on were not altered by him, because the qualified plea of non est factum admits that defendant executed the notes; and hence the burden of proving their alteration, if they were altered, rests on the defendant. If the petition had shown that the defendant had filed an *374ordinary plea of non est factum, in which he denied under oath the execution of the two notes, then it would not have been…