Oregon Statutes 40.135 – Rule 311. Presumptions
(1) The following are presumptions:
Terms Used In Oregon Statutes 40.135
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(a) A person intends the ordinary consequences of a voluntary act.
(b) A person takes ordinary care of the person’s own concerns.
(c) Evidence willfully suppressed would be adverse to the party suppressing it.
(d) Money paid by one to another was due to the latter.
(e) A thing delivered by one to another belonged to the latter.
(f) An obligation delivered to the debtor has been paid.
(g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.
(h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.
(i) A person acting in a public office was regularly appointed to it.
(j) Official duty has been regularly performed.
(k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.
(L) Private transactions have been fair and regular.
(m) The ordinary course of business has been followed.
(n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.
(o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.
(p) A writing is truly dated.
(q) A letter duly directed and mailed was received in the regular course of the mail.
(r) A person is the same person if the name is identical.
(s) A person not heard from in seven years is dead.
(t) Persons acting as copartners have entered into a contract of copartnership.
(u) Two individuals deporting themselves as legally married to each other have entered into a lawful contract of marriage.
(v) A child born in lawful wedlock is legitimate.
(w) A thing once proved to exist continues as long as is usual with things of that nature.
(x) The law has been obeyed.
(y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.
(z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person’s successor in interest.
(2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 § 20; 2016 c.46 § 2]
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