Conclusive Presumptions
On Evidence
Classes of Conclusive Presumptions
1. Estoppel in Pais
whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately lead another to believe a particular
thing to be true and act upon such belief, he cannot, in any
litigation arising out of such declaration, act or omission, be
permitted to falsify it.
2. Estoppel by Deeds
the tenant is not permitted to deny title of his landlord at the
time of the commencement of the land-lord tenant relationship. If
the title asserted is one that is alleged to have been acquired
subsequent to the commencement of that relation, the presumption
will not apply.
Presumption
An inference as to the existence or non-existence of a fact which
courts are permitted to draw from the proof of other facts.
A presumption shifts the burden of going forward with the evidence.
It imposes on the party against whom it is directed the burden of
going forward with evidence to meet or rebut the presumption.