Douglas v. Pfeiffer

Citations

• 46 Ill. 102

Syllabus

<p>1. Proof of payment. In a suit to remove a cloud from the title to certain real estate, occasioned by a trust deed given to secure a note for §800.00, the defendant filed a cross-bill and produced the trust deed and note, alleging that the same had never been paid, and praying the trustee be decreed to sell the premises to satisfy the same. Upon the single question presented, whether the said note had been paid, the proof being conflicting: Held, that the complainant in the cross bill, made out a, prima facie case, by the production of the trust deed and note, and that the burden of overcoming the same by proof of payment, devolved on the defendants in the cross bill, which proof must preponderate to establish this defence of payment.</p>