Chapman v. Morris Building & Loan Improvement Ass'n

Citations

• 108 La. 283

Syllabus

<p>Syllabus.</p> <p>1. TEe burden of proof to establisE the facts necessary to support prescription rests on Elm who makes the plea; but where the facts are difficult of proof, and lie no more within the knowledge of one of the parties than of the other, as, for instance, the time when a heavy building in New Orleans ceased to sink, the burden will be discharged by making out a prima facie case as, in the instance supposed, by proving the time within which such buildings cease to sink as a rule. The burden then shifts to the opposite party to overcome the prima facie ease, and rebut the presumption of prescription.</p>