Burden of proof rests on the party who would fail absent evidence, governing competing claims and affirmative defences.

The burden of proof lies on the party who would fail if neither side produced evidence. A claimant seeking land held by another on the basis of testamentary entitlement must establish that entitlement, since possession remains with the defendant without proof. Conversely, where a bond's execution is admitted but fraud is alleged in its procurement, the defendant alleging fraud must prove it; otherwise, the claimant's demand under the bond prevails.

---

---

---