Consideration – Presumptions and Burden of Proof

A deed of grant executed and delivered in proper form is supported by a presumption of good consideration, which may arise by force of statute, or from the solemnity of the seal.  The acknowledgment of the receipt of consideration in a deed is prima facie evidence of that fact.  The presence of revenue stamps on a deed creates a presumption of the giving of consideration of an amount represented by the stamps.  On the other hand, the lack of revenue stamps on a deed can be negative evidence as to the amount of consideration, but not a proof of the absence of consideration.  In a case involving conveyances alleged to be fraudulent as to creditors, the amount of stamps, or lack thereof, may permit an inference as to the adequacy or inadequacy of the consideration or complete absence thereof.

The burden of proof rests upon the party asserting the affirmative of an issue also applies when the consideration for a deed is at issue.  Since want of consideration is an affirmative defense, the burden of proving want of consideration for a deed of grant is upon the party seeking to avoid it.


Inside Consideration – Presumptions and Burden of Proof