¶1 The defendant has not shewn us how he can make a title, though he has been particularly called upon to do it. The law is, that the title deeds themselves, or copies, would be higher evidence than the defendant’s oath, in the general way which he has sworn ; and as the plaintiff has it not in his power in this case, to shew that the defendant cannot make a right, nor can evidence be expected from him to that, effect ; the defendant ought to prove the affirmative, unless he had produced or referred to deeds of record. As he has not done it, let the money received be refunded, and the defendant perpetually enjoined from receiving the balance.
1 Tenn. 258
Boyer v. Porter
Tennessee Superior Court for Law and Equity
Decided November 6, 1807
Tennessee Superior Court for Law and Equity · decided 1807-11-06
In Equity. The Plaintiff purchased 400 acres of land of the defendant, to be within four miles of Duck river ; upon this purchase he paid a part, and gave his note for the balance. Upon this note a judgment had been obtained. The object of the bill was to enjoin this judgment,and further relief.
Decided 1807-11-06