What is the test for establishing that a claim under section 164 of the Civil Code is a 'disputable presumption'?
California, United States of America
The following excerpt is from Brenneman's Estate, In re, 157 Cal.App.2d 474, 321 P.2d 86 (Cal. App. 1958):
'The disputable presumption raised by section 164 of the Civil Code, is a form of evidence under the express terms of section 1957 of the Code of Civil Proc. It may be controverted by other evidence, direct or indirect, but, unless [157 Cal.App.2d 481] so controverted, the court or jury is bound to find according to the presumption.' Stafford v. Martinoni, 192 Cal. 724, 221 P. 919.
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