Section 16-40-101 - Burden of proof(a) The party holding the affirmative of an issue must produce the evidence to prove it.(b) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.Civil Code, §§ 578, 579; C. & M. Dig., §§ 4112, 4113; Pope's Dig., §§ 5121, 5122; A.S.A. 1947, §§ 28-101, 28-102.