31-11-02. Conclusive presumptions

31-11-02. Conclusive presumptions

The following presumptions, and no others, are conclusive:

1. A malicious and guilty intent from the deliberate commission of an unlawful act for the

purpose of injuring another.

2. The truth of the facts from a recital in a written instrument between the parties thereto,

or their successors in interest by a subsequent title, but this rule does not apply to a

recital of a consideration.

3. The judgment or order of a court when declared by the laws of this state to be

conclusive, but such judgment or order shall be alleged in the pleadings, if there is an

opportunity to do so. If there is no such opportunity, the judgment or order may be

used as evidence.

4. The issue of a wife cohabiting with her husband who is not impotent is presumed

indisputably to be legitimate.

5. Any other presumption which by statute expressly is made conclusive.