Usufruct
R.S. 9:158

Burden of proof as to property evidenced by record of check or draft ACTIVE

A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.

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JSON Markdown Source (legis.la.gov)

References

None.

Cited by

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History

  • enactment Acts 1986, No. 829, §1, eff. July 10, 1986
  • amendment Acts 1997, No. 809, §1, eff. July 10, 1997

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Cite R.S. 9:158

Bluebook
La. Rev. Stat. Ann. § 9:158 (2026).
Permalink
https://theusufruct.com/rs/title-9/section-158
BibTeX
@misc{larevstat-9-158,
  title        = {La. Rev. Stat. Ann. § 9:158},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-9/section-158},
  note         = {Snapshot 2026-05-22}
}