Harnsberger v. Cochran

Citations

• 82 Va. 727
• 1 S.E. 120
• 1887 Va. LEXIS 138

Syllabus

<p>1. Handwriting—Genuineness—Issue—Burden of proof.—Where bill or other pleading sets up a writing and alleges that it was made and signed by defendant’s intestate in his lifetime, and defendant, by his answer under oath, denies the allegation and demands proof; such answer is a substantial compliance with Code 1873, ch. 167, see. 39, and puts the genuineness of the writing in issue with the burden of proof on the alleger.</p> <p>2. Chancery Practice—Commissioners—Beferenee.—-It is common practice to refer questions of fact, such as the genuineness of writings to a commissioner.</p>