Burden on party setting up title
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 17 U.S. 77 - Williams v. Peyton's Lessee · 1819Most cited · 100 citing opinions
It is a general principle, that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under that deed is as much bound to prove the performance of the act, as he would be bound to prove any matter of record on which its validity might depend. It forms a part of his title; it is a link in the chain, which is essential to its continuity, and which it is incumbent on him to preserve.