...Evidence — burden of proof — consideration. 6. And under § 4109, Rev. Laws 1910, when the title is defective, the burden is on the holder to prove that...person under whom he claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money to the...

...instrument under such circumstances as amount to fraud, and section 3140 of the same code provides that "when it is shown that the title of any person who...claims acquired the title as holder in due course." Inasmuch as it is alleged in the complaint that the title of the defendant Guarantee Mortgage Company,...

...that he was a bona fide holder of the note in due course. Sec. 3516, Rev. Codes, provides as follows: "Every holder is deemed prima facie to be a holder...person under whom he claims acquired the title as a holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound...