Hocks v. Jeremiah

Defendant Jeremiah has filed a petition for review of our opinion in this case. 92 Or App 549, 759 P2d 312 (1988). We treat this as a petition for reconsideration, ORAP 10.10, and allow it for the purpose of addressing certain contentions regarding our discussion of the burden of proof.

In our opinion, we stated that when, in an action for replevin, the defendant raises “gift” as an affirmative defense, she has the burden of proving it by clear and convincing evidence. See Johnson v. Steen, 281 Or 361, 368, 575 P2d 141 (1978). As to all but the first four bonds, we concluded that, although the…