A deed or bond found with the debtor is presumed to be paid.

Explanation

The physical possession of an obligation by the debtor raises a presumption that it has been satisfied — if the debt were still owed, the creditor would retain the instrument. (Duplicate maxim — see also 6.5.1.)

Where this applies

• The debtor has physical possession of the bond — doesn't that suggest the debt was paid.
• If the creditor had been owed money they wouldn't have given up the instrument.
• Finding the obligation in the debtor's possession raises a presumption of payment.

See also

• 6.5.1 An instrument of debt found in the debtor's possession is presumed paid.