Shrader v. United States Glass Co.

Citations

• 179 Pa. 623
• 36 A. 330
• 1897 Pa. LEXIS 700

Syllabus

<p>Evidence — Proof of execution papers — Burden of proof . _</p> <p>In all actions and proceedings where the plaintiff claims to recover upon paper writings, it is his duty to prove them against all attacks, and that duty remains throughout.</p> <p>Evidence — Mortgage—Payment—Execution of papers — Burden of proof.</p> <p>In an action of ejectment both parties claimed title under sheriff’s deeds. Defendant claimed title under a sheriff’s sale upon proceedings to foreclose a mortgage, which was prior in date to the judgment upon the proceedings under which the plaintiff claimed. The plaintiff alleged that the mortgage had been paid in full before the sheriff’s sale in foreclosure proceedings, and that the sale passed no title to defendant’s predecessor in title, and, therefore, none to the defendant who was an innocent purchaser. The plaintiff introduced receipts in evidence which he claimed t were receipts for payments on account of the mortgage debt. On their face these papers did not purport to be payments on account of this identical mortgage, and they were less in amount than the amount of the mortgage. The defendant introduced evidence tending to show that the signatures were forgeries. The volume and weight of the testimony were with the defendant. Held, (1) that it was error to charge the jury that a presumption of innocence arose in favor of the papers, and that thereby the burden of proof was shifted from the plaintiff who asserted the papers to the defendant who responded to them, and denied them ; (2) that the burden of proof rested upon the plaintiff from the beginning to the end of the case; (3) that a judgment on a verdict for the plaintiff should be reversed.</p> <p>Practice, C. P. — Charge of the court — Confusing instructions.</p> <p>A charge is confusing and misleading where the judge says at one time that he thinks he ought not to put the burden of proof upon either party, but subsequently expressly puts it on the defendant; and such charge is cau