Brinkley v. Harkins

Roberts, Chief Justice.

The state of the ease made by pleadings of the plaintiff, was that Harkins bought the land with Brinkley’s money, deposited in his hands for that purpose, and took the title' in his own name, instead of that of Brinkley, and afterwards promised to convey the land to. Brinkley, but died before doing it.

To this the defendants pleaded a general denial, which put in issue the existence of this state of facts, and placed upon the plaintiff the burden of proving such facts, in substance or legal effect, in order to sustain his cause of action.

The state of case made by the…