Latin. The plaintiff must follow the forum of the thing in dispute. A pursuer follows the forum or court of the defender. A plaintiff follows the “course of proceeding' - i. e. according to the nature of the property to be recovered.
A pursuer not having proved his case, or established his claim, the defender is assoilzied. It lies with a pursuer to substantiate any claim which he advances, and until he does so, the defender cannot be required to refute it. Thus where the question is a right of possession of a subject, held by the defender, he (the defender) is not bound to show any title to the possession, until the pursuer has shown a sufficient title to call that possession in question. Nor can he be dispossessed, until the pursuer shows a better title than that on which the defender holds.