Principle

EVIDENCE LAW – Burden of Proof in Interpleader Proceedings – Burden Shifts to Judgment Creditor When Claimant in Possession

Area of law
EVIDENCE LAW
Court
Supreme Court

In interpleader proceedings, possession determines the initial burden. The judgment creditor must prove that the property belongs to the judgment debtor. The principle protects the possessory rights of third parties. The rule applies to all interpleader cases. The court will examine who had possession at…

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