The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Illustrations

1. A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.
   If no evidence were given on either side, B would be entitled to retain his possession.
   Therefore the burden of proof is on A.
2. A sues B for money due on a bond.
   The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.
   If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved.
   Therefore the burden of proof is on B.