Dyal v. Sanders

Grice, Justice.

The trial court correctly charged the jury that the burden was on the defendant to prove his prescriptive title by a preponderance of the evidence. The apparent ruling in Durham v. IJoleman, 30 Ga. 619 (7), that when the plaintiff's title or cause of action is plainly made out, and 'the defendant relies on a special plea in bar to defeat the recovery, such as the statute of limitations, the defendant must establish the facts to sustain the plea affirmatively beyond a reasonable doubt, else the verdict must be against the plea, was explained in Schnell v. Toomer, 56 Ga. 168,…