Grimes v. Tracy-Maysfield Oil & Gas Co.

On Motion for Rehearing.

The appellant in his motion for rehearing, as on the original appeal, addresses his complaints of error almost entirely to questions of fact on which the jury found on the trial. Appellant does not deny the execution of the notes, but seeks to defeat payment on the defenses set out in the original opinion herein. He apparently assumes that, because he, himself, testified to certain matters, these matters must be taken as established. In this he loses sight of the fact that when he sought to defeat his notes the burden of establishing his defenses was shifted to him. The jury had a right, if they saw fit, to disbelieve his testimony entirely. That was their province. We are' not authorized to invade it.

Appellant having failed to discharge the burden, and the jury having found against him on questions of fact, the judgment of the trial court must be sustained. Motion for rehearing is therefore overruled.

Motion overruled.