Johnson v. . Johnson

The trial judge committed error favorable to plaintiffs in imposing upon the defendants, B. C. Johnson, Mrs. Trib Johnson, and R. M. Johnson, the burden of establishing by the greater weight of the evidence that Mrs. Nancy Johnson did in fact sign, seal, and deliver the deed, which was admitted to registration on 20 March, 1920. An analysis of the pleadings in the light of relevant legal principles and authorities makes this observation indisputably clear.

The question as to whether the burden of proof rests with a plaintiff or a defendant is determined from the pleadings before the…