Harter v. Sorensen
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County)— ■Hon. Ogden Hiles, Judge. Action to set aside a deed to certain premises. Prom a judgment in favor of the plaintiffs, the defendant appealed. This is an equitable action, and under section 9, article 8 of the Constitution, the appellate court has the same power as the trial court to examine anew all questions of fact involved — to weigh the evidence. In fact it is the duty of the appellate court to do so.
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Appeal from the Third District Court, Salt Lake County)— ■Hon. Ogden Hiles, Judge. Action to set aside a deed to certain premises. Prom a judgment in favor of the plaintiffs, the defendant appealed. This is an equitable action, and under section 9, article 8 of the Constitution, the appellate court has the same power as the trial court to examine anew all questions of fact involved — to weigh the evidence. In fact it is the duty of the appellate court to do so. This evidence is certainly conclusive that they were not incapacitated by intoxication. A man can not voluntarily become “slightly”…
1Opinion of the CourtBaskin, J.
This is an action to set aside a deed to the premises described in the complaint, executed by the plaintiffs to the defendant, who is the appellant. It is alleged in the complaint “that said premises were and are used and occupied by plaintiffs as a home; that the plaintiffs are old, infirm, and feeble in both mind and body, the plantiff John Harter being eighty years of age, and the plaintiff Elizabeth Harter being seventy-five years of age; that neither of said plaintiffs are able to read writing, and are incompetent to attend to business matters; that neither of these plaintiffs, at the…
2Cases cited9 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- Klopenstine v. HaysUtah Supreme Court · 1899
- McKay v. FarrUtah Supreme Court · 1897
- Larsen v. OnesiteUtah Supreme Court · 1899
- Everill v. SwanUtah Supreme Court · 1899
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